61. Form
of summons. -Every
summons issued by a court under this Code shall be in writing, in duplicate,
signed by the presiding officer of such court or by such other officer as the High
Court may, from time to time, by rule direct, and shall bear the seal of the court.

62. Summons how served. -

(1) Every
summons shall be served by a police officer, or subject to such rules as the
State Government may make in this behalf, by an officer of the court issuing it
or other public servant.

(2) The summons shall, if practicable, be
served personally on the person sum­moned, by delivering or tendering to him
one of the duplicates of the summons.

(3) Every person on whom a summons is so
served shall, if so required by the serving officer, sign a receipt therefor on
the back of the other duplicate.

63. Service of summons on corporate bodies and societies. - Service of a summons on a corporation may be
effected by serving it on the secretary, local manager or other principal
officer of the corporation, or by letter sent by registered post, addressed to
the chief officer of the 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 “corporation” means an
incorporated company or other body corporate and includes a society registered
under the Societies Registration Act.1860 (21 of 1860).

64. Service
when persons summoned cannot be found. -Where the person summoned cannot, by, the
exercise of due diligence be found, the summons may be served by leaving one of
the duplicates for him with some adult male member of his family residing with
him, and the person with whom the summons is so left shall, if so required by
the serving officer, sign a receipt therefore on the back of the other
duplicate.

Explanation. - A servant is not a member of the family within
the meaning of this section.

65. Procedure
when service cannot be effected as before provided. -If service
cannot by the exercise of due diligence be effected as provided in section 62,
section 63 or section 64, the serving officer shall affix one of the duplicates
of the summons to some conspicuous part of the house or homestead in which the
person summoned ordinarily resides, and thereupon the court, after making such
inquiries as it thinks fit, may either declare that the summons has been duly
served or order fresh service in such manner as it considers proper.

(1) Where
the person summoned is in the active service of the Government, the court
issuing the summons shall ordinarily send it in duplicate to the head of the
office in which such person is employed: and such head shall thereupon cause
the summons to be served in the manner provided by section 62, and shall return
it to the court under his signature with the endorsement required by that
section.

(2) Such signature shall be evidence of due
service.

67. Service of summons outside local
limits. -When a court
desires that a summons issued by it shall be served at any place outside its
local jurisdiction, it shall ordinarily send summons in duplicate to a
Magistrate within whose local jurisdiction the person summoned resides, or is,
to be there served.

(1) When a
Summons issued by a court is served outside its local jurisdiction, and in any
case where the officer who has served a summons is not present at the hearing
of the case, an affidavit, purporting to be made before a Magistrate, that such
summons has been served, and a duplicate of the summons purporting to be
endorsed (in the manner provided by section 62, or section 64) by the person to
whom it was delivered or tendered or with whom it was left, shall be admissible
in evidence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved.

(2) The affidavit mentioned in this section
may be attached to the duplicate of the summons and returned to the court.

(1) Notwithstanding
anything contained in the preceding section of this Chapter, a court issuing a
summons to a witness may in addition to and simultaneously with the issue of
such summons, direct a copy of the summons to be served by registered post
addressed to the witness at the place where he ordinarily
resides or carries on business or personally works for gain.

(2) When an acknowledgment purporting to be
signed by the witness or an endorse­ment
purporting to be made by a postal employee that the witness refused to take
delivery of the summons has been received, the court issuing the summons may
declare that the summons has been duly
served.

In
section 69, -

[Vide Regulation 6 of'
1977. sec. 2 (w.e.f 17-11-1977)].