Code of Criminal Procedure, 1973

Procedure when service cannot be effected as before provided.

65. If service cannot by the exercise of due diligence be effected as provided in section 62, section 63 or section 64, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides; and thereupon the Court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper.

COMMENTS

AMENDMENTS

1898 Code vs. 1973 Code - The section (which corresponds to old section 71) has been brought in line with the corresponding provision in Order 5, rule 19 of the Code of Civil Procedure, 1908 and, therefore, for the words "and thereupon the summons shall be deemed to have been duly served", occurring in the old section, the following words have been substituted : "and thereupon the Court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper".