Can judge pick and choose mode of service for summons

895 votes

Hi there, your advocate is guiding you correctly. Summons are served first by personal service through registered post then by dasti i.e. by hand/mail. If you have any questions feel free to contact me.

Advocate Ishan Parashar LawRato

767 votes

your advocate is correct. The correct procedure is this: First, apply for issuance of summons in the ordinary manner under Section 204 CrPC. If the accused avoids service, is not traceable, or repeated attempts of personal service fail, file an application placing those facts on record with proof such as “not found”, “refused”, or “left address”. Only then you can seek substituted / alternative service such as e-mail, WhatsApp or publication, by invoking the inherent powers of the court read with Sections 65 & 69 CrPC and relevant High Court circulars on electronic service.

Advocate Madhvi Chopra LawRato

833 votes

Under criminal procedure, the normal and primary mode of service is personal service through the court process server or police. The complainant cannot, as a matter of right, insist on service by email at the very first instance merely to reduce costs or effort. The court must be satisfied that ordinary modes of service have been attempted and have either failed or are not reasonably practicable. Email or electronic service is treated as an alternative or substituted mode of service. Courts permit it when there is material to show that the accused is deliberately avoiding service, is not available at the given address, or when repeated attempts at personal service have failed. In such situations, the judge may authorize service through email, WhatsApp, or other electronic means, especially if the accused’s email ID or electronic contact details are admitted or reliably established. What you should do is allow the process to follow its normal course. First, ensure that correct and complete address details of the accused are provided so that personal service can be attempted properly. If the process server returns the summons unserved with a report such as “not found,” “address incorrect,” or “accused avoiding service,” you can then move an application before the court placing those reports on record and request permission for service through email or other electronic means. In your application, you should explain that personal service has failed despite due diligence, that the accused is aware of the proceedings, and that electronic service will ensure expeditious progress of the case. Once the court is satisfied, it can pass a specific order permitting service by email. In short, you cannot bypass personal service at the first stage, but you are fully entitled to seek electronic service once personal service proves ineffective. Acting in this sequence aligns with law and avoids objections later regarding improper service.

Advocate Yuganshu Sharma LawRato

879 votes

in the summons itself the judge can get it delivered by all modes concerned. physical, postal and through electronic mode as well. If the judge has not issued the summons as per the above then it is wrong from the part of your lawyer that in the application he did not mention that

LawRato LawRato

816 votes

In criminal proceedings, notices are ordinarily served by the Personal Service. Your advocate is correct. You should document attempts at personal service and then seek the court’s permission for electronic service to reduce delay and costs. However its not that expensive to issue notice 200-300 rs lagte hain hardly court se krne main.

Advocate Keshav Agarwal LawRato