(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.
Bharatiya Nagarik Suraksha Sanhita
Section 65
Service of summons on corporate bodies, firms, and societies
⚡ Quick Answer Reference: Section 65 BNSS
- Provision: Section 65 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROCESSES TO COMPEL APPEARANCE
- Jurisdiction: India
- Summary: This section explains how to serve a summons to a company, corporation, firm, or society. It says that a summons can be served on a director, manager, secretary, or other officer of the company or corporation by giving them a letter by registered post. The service is considered complete when the letter would normally arrive in the mail.
What does Section 65 of BNSS say?
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What does Section 65 of BNSS mean?
Plain English Explanation
This section explains how to serve a summons to a company, corporation, firm, or society. It says that a summons can be served on a director, manager, secretary, or other officer of the company or corporation by giving them a letter by registered post. The service is considered complete when the letter would normally arrive in the mail.
Practical Interpretation
In real-life legal practice, this section means that when a summons needs to be served on a company or corporation, the court can send a letter to the director, manager, secretary, or other officer by registered post. This is a common way to serve summons on corporate entities.
Core Legal Purpose
The core purpose of this section is to provide a clear and efficient way to serve summons on companies, corporations, firms, and societies, which are often complex entities with multiple officers and representatives.
- •Service of summons on a company or corporation can be effected by serving it on the Director, Manager, Secretary or other officer of the company or corporation.
- •Service of summons on a company or corporation can also be effected by letter sent by registered post addressed to the Director, Manager, Secretary or other officer of the company or corporation.
- •The service of summons is deemed to have been effected when the letter would arrive in ordinary course of post.
- •A company or corporation is defined as a body corporate, and a corporation is defined as an incorporated company or other body corporate registered under the Companies Act, 2013 or a society registered under the Societies Registration Act, 1860.
Practical Example of Section 65 BNSS
Rajesh, the director of XYZ Corporation, receives a summons by registered post addressed to him at the company's office. The summons is related to a lawsuit filed against the company. According to Section 65 of BNSS, the service of summons is deemed to have been effected when the letter would normally arrive in the mail. In this case, the service is complete as soon as Rajesh receives the letter.
Frequently Asked Questions about Section 65 BNSS
Q: What is the punishment or consequence under Section 65 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to companies, corporations, firms, and societies, which are often public entities, but can also include private entities that are registered under the Companies Act, 2013 or the Societies Registration Act, 1860.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not relate to criminal offenses. Therefore, it is neither bailable nor cognizable.
Common Questions about Section 65 BNSS
What is Section 65 of BNSS?
Section 65 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Service of summons on corporate bodies, firms, and societies". In plain terms: This section explains how to serve a summons to a company, corporation, firm, or society. It says that a summons can be served on a director, manager, secretary, or other officer of the company or corporation by giving them a letter by registered post. The service is considered complete when the letter would normally arrive in the mail.
What is the punishment under Section 65 of BNSS?
Section 65 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 65 of BNSS bailable or non-bailable?
Whether Section 65 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 65 of BNSS?
The essential elements of Section 65 of BNSS are: Service of summons on a company or corporation can be effected by serving it on the Director, Manager, Secretary or other officer of the company or corporation.; Service of summons on a company or corporation can also be effected by letter sent by registered post addressed to the Director, Manager, Secretary or other officer of the company or corporation.; The service of summons is deemed to have been effected when the letter would arrive in ordinary course of post..
Landmark Judgments under Section 65 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 65
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