Provides procedure for valid service of summons on juristic persons through authorized representatives.
Ensures legal entities receive proper notice of criminal proceedings through recognized modes of service.
Introduction
Section 65 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) prescribes the method for service of summons on corporate bodies, firms, societies, and other juristic entities. Since such entities cannot be served personally like natural persons, the law provides alternative mechanisms to ensure valid and effective communication of court directions.
The provision ensures procedural fairness by enabling courts to secure appearance or compliance from organizations involved in criminal proceedings.
Objective of the Provision
The objectives of Section 65 BNSS are
- to provide a legally recognized method for serving summons on juristic persons
- to ensure corporate and institutional accountability in criminal proceedings
- to prevent avoidance of service by artificial legal entities
- to standardize service procedures for organizations
The provision ensures that institutional defendants cannot evade judicial process.
Meaning / Concept
Juristic Persons in Criminal Procedure
Corporate bodies, firms, and societies are recognized as legal persons capable of
- being prosecuted
- appearing before court through representatives
- receiving summons through authorized officers
Since they lack physical existence, service must be effected through responsible office-bearers.
Service Through Authorized Representatives
Summons may be served on persons responsible for management or administration of the entity, ensuring that notice reaches the organization effectively.
Thus, the provision adapts procedural law to the realities of corporate participation in criminal proceedings.
Detailed Explanation of the Section
Section 65 BNSS provides that summons may be served on
- a corporate body by serving the secretary, local manager, or principal officer of the corporation
- a firm by serving any partner
- a society or association by serving an authorized officer or office-bearer responsible for its affairs
Service may also be effected by
- sending summons through registered post addressed to the principal officer of the entity at its registered office
Key features include
- recognition of juristic personality in criminal procedure
- service through responsible officers of organizations
- acceptance of postal service at registered office
- presumption of valid service upon proper delivery
These mechanisms ensure reliability and enforceability of service.
Procedure or Legal Framework
The procedural framework under Section 65 BNSS generally includes
- issuance of summons by competent criminal court
- identification of principal officer, partner, secretary, or manager
- delivery of summons personally or through registered post
- service at registered office address where applicable
- submission of proof of service before court
Proper service enables the court to proceed lawfully against the entity.
Judicial Interpretation
Courts have clarified that service on responsible officers of juristic persons constitutes valid service on the entity itself.
In Standard Chartered Bank v. Directorate of Enforcement (2005) 4 SCC 530, the Supreme Court affirmed that corporate entities can be prosecuted and proceeded against through their authorized representatives.
In Aneeta Hada v. Godfather Travels & Tours (P) Ltd. (2012) 5 SCC 661, the Court emphasized the importance of arraigning companies properly in criminal proceedings where liability arises through corporate structure.
In Bhaskar Industries Ltd. v. Bhiwani Denim & Apparels Ltd. (2001) 7 SCC 401, the Supreme Court recognized that service of summons on corporate officers ensures valid participation of companies in criminal proceedings.
These decisions support the procedural validity of service on corporate entities through authorized officers.
Importance of the Provision
Section 65 BNSS is important because
- it ensures corporations and firms cannot evade criminal process
- it enables effective prosecution of offences involving organizations
- it standardizes service procedures for juristic persons
- it strengthens accountability of institutional actors in criminal law
The provision plays a crucial role in extending procedural fairness to organizational defendants.
Connection with Other Sections
Section 65 BNSS operates alongside related provisions governing service of summons
- Section 63 BNSS – Form of summons
- Section 64 BNSS – Summons how served
- Section 67 BNSS – Service of summons where person summoned cannot be found
- Section 71 BNSS – Proof of service
Corresponding Provision under Old Law
Section 65 BNSS corresponds to Section 63 of the Code of Criminal Procedure, 1973.
Illustrative Example
A criminal complaint is filed against a private company for regulatory violations. The Magistrate issues summons addressed to the company’s registered office and serves it upon the company secretary. This constitutes valid service under Section 65 BNSS.
Conclusion
Section 65 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a structured mechanism for service of summons on corporate bodies, firms, and societies through their principal officers or authorized representatives. By ensuring effective communication with juristic persons, the provision strengthens procedural efficiency and institutional accountability in criminal proceedings.
