Section 66 – Summons on Corporate Bodies and Societies – BNSS 2023

Provides procedure for serving summons on companies, societies, and organizations.

Introduction

Section 66 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) lays down the procedure for service of summons on corporate bodies, companies, and registered societies. Since such entities act through authorized representatives rather than natural persons, this provision ensures that summons are served in a legally effective manner.

It facilitates smooth conduct of criminal proceedings involving juristic persons while maintaining procedural fairness under Article 21 of the Constitution of India.

Objective of the Provision

The objectives of Section 66 BNSS are

• To provide a clear mechanism for serving summons on juristic persons
• To ensure effective communication with corporate entities
• To avoid procedural delays in cases involving organizations
• To maintain validity of service in criminal proceedings

This provision ensures that companies and societies cannot evade legal process due to technical difficulties in service.

Meaning / Concept

Corporate Bodies and Societies

Corporate bodies include

• Companies incorporated under company law
• Statutory corporations
• Registered societies
• Other recognized legal entities

These entities function through officers or authorized representatives.

Service on Juristic Persons

Service of summons on such entities is usually effected by serving

• Secretary
• Director
• Manager
• Authorized officer

The concept ensures that service is legally binding on the organization.

Detailed Explanation of the Section

Section 66 BNSS provides that

• Summons may be served on a corporate body or society by serving it on
  • Secretary
  • Director
  • Manager
  • Other principal officer
• Alternatively, summons may be served by registered post or electronic communication addressed to the chief officer of the entity

Key features include

• Recognizes corporate entities as legal persons
• Provides flexible modes of service
• Ensures validity of service through responsible officials

This ensures effective compliance with court directions by organizations.

Procedure or Legal Framework

The procedure under Section 66 BNSS involves

• Issuance of summons by the court
• Identification of appropriate officer of the organization
• Delivery of summons to such officer or authorized representative
• Service through registered post or electronic mode where applicable
• Recording proof of service

This ensures that service on corporate entities is legally valid and verifiable.

Judicial Interpretation

Courts have emphasized proper service of summons on corporate entities

In Standard Chartered Bank v. Directorate of Enforcement (2005) 4 SCC 530, the Supreme Court recognized that companies can be prosecuted and proceeded against through authorized officers

In Iridium India Telecom Ltd. v. Motorola Inc. (2011) 1 SCC 74, the Court reaffirmed that corporate entities are liable for criminal proceedings and must respond through responsible officials

In Neerja Realtors Pvt. Ltd. v. Janglu (2018) 2 SCC 649, the Court stressed that valid service of summons is essential before proceeding against a party

These rulings support the principle that proper service on corporate representatives ensures procedural validity.

Importance of the Provision

Section 66 BNSS is important because

• It enables effective prosecution of corporate entities
• It prevents evasion of legal process by organizations
• It ensures clarity in service procedures
• It strengthens judicial efficiency in corporate-related cases

It plays a vital role in modern criminal justice involving institutional actors.

Connection with Other Sections

This provision is connected with

• Section 63 BNSS – Summons how issued
• Section 65 BNSS – Summons by whom served
• Section 67 BNSS – Service where person cannot be found
• Section 71 BNSS – Proof of service

Corresponding Provision under Old Law

Section 66 BNSS corresponds to Section 63 of the Code of Criminal Procedure, 1973 (CrPC).

Illustrative Example

A criminal complaint is filed against a registered company for regulatory violations. The court issues summons addressed to the company’s Managing Director. Service of summons on the Managing Director constitutes valid service on the company under Section 66 BNSS

Conclusion

Section 66 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a structured mechanism for serving summons on corporate bodies and societies. By recognizing service through responsible officers and electronic modes, the provision ensures procedural efficiency and prevents organizations from avoiding legal accountability