ABC Manufacturing Ltd., a company registered under the Companies Act, 2013, is facing a criminal complaint for violation of environmental regulations. The trial court issues a summon to the company. The summon was served
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2026
ABC Manufacturing Ltd., a company registered under the Companies Act, 2013, is facing a criminal complaint for violation of environmental regulations. The trial court issues a summon to the company. The summon was served by delivering it to the company's receptionist, who refuses to accept it. Later, the summon is sent by registered post addressed to the company's Director. The letter is duly posted but the Director claims he never personally received it. Discuss whether the service of summon on ABC Manufacturing Ltd. is valid under Section 65 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Answer & Explanation:
Section 65 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides provisions relating to Service of summons on corporate bodies, firms, and societies. 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. 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. As per the above explanation the service of summons at ABC Manufacturing Ltd. is valid because: The summon was properly sent by registered post to the Director, which is an accepted mode under Section 65 of BNSS. The Director's claim that he did not personally receive the letter does not invalidate the service once it is duly posted to the correct address. Therefore, the summon is deemed to have been properly served on ABC Manufacturing Ltd. under Section 65 of the BNSS.
Topics: Criminal Procedure
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