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Report No. 37

211. Section 68 and service by post and service by party.-

The suggestion of a State Government (which has endorsed the suggestion of the High Court for State) is to permit service by a party, with leave of the Court.1 According to the suggestion, a proviso should be inserted in section 68(2) as follows:-

"Provided that a summons under this section may, by leave of the Court, be served by the party or his agent applying for the same on the witness by personal service. If such service is not effected and the Court is satisfied that reasonable diligence has been used by the party or his agent to effect such service, then the summons shall be served in the usual manner."

We regret, that we are not able to accept the suggestion, as we are not certain if a provision suggested, may not be abused.

1. F. 3(2)/55-L.C., Pt. I, S. No. 80.

212. Another State Government1 has suggested that a provision authorising the service of summons by registered post be inserted. The suggestion is as follows:-

"In addition to the existing provision in section 68, Cr. P.C. a sub-clause be added providing that the summons may, in addition, be also sent though registered post and acknowledgment of the same deemed as sufficient service."

1. F. 3(2)/55-L.C., Pt. II, S. No. 33.

213. There is also a suggestion by the Delhi Administration1 for authorising service of summons by post, in order to curtail unnecessary delay.

As the law stands now, service by post is not valid.2 We considered these suggestions at length.

1. F. 3(2)/55-L.C., Pt. VII, S. No. 386.

2. Cf. AIR 1950 EP 20.

214. We are recommending a suitable provision, for witnesses only.1 We do not think that postal service should be adopted, as a general rule, for summoning the accused.

1. See section 74A (proposed).

215. Section 62 and Corporation.-

A State Government1 has raised the question about the procedure to be followed where, after service on a Corporation, its representative does not appear. The matter seems to pertain to the Chapter on General provisions in Inquiries and Trials.2

1. F. 27(3)/55-Judl. II (Home Ministry File) Appendix I, Item 14.

2. To be considered after section 340.

216. Section 68 and Benches.-

In section 68, regarding Benches, a provision may be added on the lines of section 75.

217. Section 69.- No change is needed in section 69.

218. Section 70.-

In section 70

(a) provisions regarding service on the servant in Presidency towns should be omitted. There is no such provision in the Code of Civil Procedure,1 and, in our opinion, having regard to changed social conditions, this provision should not continue.

(b) Consequently, it will be desirable to add a provision that a servant is not "a member of the family" within the meaning of this section.2

1. Cf. Order 5, rule 15, Code of Civil procedure, 1908.

2. Cf. Order 5, rule 15, Explanation, Code of Civil Procedure, 1908.

219. Section 71.-

Section 71 may be amended on the lines of the corresponding provision in the Code of Civil Procedure.1

1. Cf. Order 5, rule 19, Code of Civil Procedure, 1908.

220. Section 72.- No change is required in section 72.

Code of Criminal Procedure, 1898 (Sections 1-176) Back

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