Bharatiya Nagarik Suraksha Sanhita, 2023
Section 65
Service of summons on corporate bodies, firms, and societies
(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 (18 of 2013) or a society registered under the Societies Registration Act, 1860 (21 of 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.
Why this exists
Companies, corporations, and firms are not physical persons who can be personally handed a court paper. Earlier criminal procedure codes (like the CrPC, 1973) faced practical difficulties in serving summonses on such artificial or collective entities. This provision, carried forward with clarification in the Bharatiya Nagarik Suraksha Sanhita, 2023, ensures that legal notices reach an organisation through its responsible officers or partners, allowing court proceedings to move forward efficiently even when the accused or respondent is a company, corporation, or firm rather than an individual.
How courts read it
Under the earlier CrPC provision (Section 63), courts consistently held that service on any authorised officer of a company was valid service on the company itself, and that proof of proper posting created a presumption of delivery, shifting the burden to the company to prove non-receipt. Courts have also clarified that 'other officer' need not be a top executive, as long as the person had real authority to receive such documents on behalf of the entity. These interpretive principles are expected to continue guiding courts in applying the renumbered Section 65 of the BNSS.
Common misconceptions
- Myth: A summons must be personally handed to the top boss (like the CEO) of a company for it to count.
Fact: The law allows service on any Director, Manager, Secretary, or similar officer — not necessarily the top executive — as long as they act in that capacity for the company. - Myth: If a company claims it never received the registered post, the summons automatically becomes invalid.
Fact: Courts have held that once proper posting is shown, the law presumes delivery in the ordinary course of post, and it is up to the company to prove otherwise.