Options if I cannot locate Accused

686 votes

Nowadays summons can be issued by electronic modes also like whatsapp or mail. It is also deemed to be valid communication to the opposite party. So you can always serve him/her your summons through whatsapp/mail at your convenience.

Advocate Jitender Singh LawRato

579 votes

If the accused has relocated and you are unable to locate their whereabouts for serving summons in your defamation case under Section 500 of the Indian Penal Code (IPC), the court provides certain options to help with service of summons. In such cases, you can make an application to the court requesting it to issue an order for substituted service of summons. Substituted service refers to serving the summons through alternate means when the accused's whereabouts are unknown. You can request the court to allow service by any of the following methods: Publication in a Newspaper: If you have exhausted all possible means to find the accused, you can ask the court to allow you to publish the summons in a local newspaper, which would inform the accused about the proceedings. Affixing Summons at the Last Known Address: If you know the accused’s last known address, you can request the court to permit you to affix the summons on the door or another visible place at that address. Online Service (if applicable): In some cases, the court may also allow serving summons through electronic means, such as email or social media, if you have details of the accused's digital presence. Make sure to provide all the information you have regarding the last known location of the accused. The court will review your application and decide the best method for ensuring that the accused is notified of the case.

Advocate Rupal Dwivedi LawRato

619 votes

See these are technical issues which your advocate would tell you, otherwise if you are unable to get the summons served then you should file an application to the court seeking permission to serve the summons through publication under relevant provisions of CPC

Advocate Ashutosh Kumar Mishra LawRato