Section 65 BNSS: Service of summons on corporate bodies, firms, and societies (Formerly Section 63 CrPC)

Section 65 of Bharatiya Nagarik Suraksha Sanhita, 2023: Service of summons on corporate bodies, firms, and societies

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) Service of a summons on a company or corporation may be effected by serving it on the Director, Manager, Secretary or other officer of the company or corporation, or by letter sent by registered post addressed to the Director, Manager, Secretary or other officer of the company or corporation in India, in which case the service shall be deemed to have been effected when the letter would arrive in ordinary course of post.

Explanation — —In this section, "company" means a body corporate and "corporation" means an incorporated company or other body corporate registered under the Companies Act, 2013 or a society registered under the Societies Registration Act, 1860.

(2) Service of a summons on a firm or other association of individuals may be effected by serving it on any partner of such firm or association, or by letter sent by registered post addressed to such partner, in which case the service shall be deemed to have been effected when the letter would arrive in ordinary course of post.

Legal Commentary & Landmark Judgments: Section 65

Section 65 regulates the service of summons on corporate bodies, firms, and societies, providing modernised mechanisms for serving judicial process on legal entities.

Corporate Entities Covered: Incorporated companies, registered societies, partnerships, and associations of individuals.
Modes of Service: Served on the secretary, local manager, director, or principal officer, or by registered post / electronic communication.
Presumed Service: Service is deemed complete when transmitted to the registered corporate office or designated email.

Key Landmark Precedents:

Aneeta Hada v. Godfather Travels & Tours Pvt. Ltd. (2012) 5 SCC 661: The Constitution Bench settled that a corporate entity is a juristic person requiring service through its directors or principal officers, affirming corporate criminal liability.
SMS Pharmaceuticals Ltd. v. Neeta Bhalla (2005) 8 SCC 89: Clarified the requirements of summoning corporate management and responsible directors.

Courtroom Practice & Strategic Litigation Guidance:

In prosecutions against companies (e.g., Section 141 NI Act or environmental crimes), ensure summons is addressed to the company at its registered office with the designated director. Service on an unauthorized branch employee is invalid.