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Solicitor Chirag Shah (Advocate & Solicitor)     08 July 2009

Procedure to Serve Notice Or Summons When one is in custody?

Hello Every One...

I want to know the Procedure and Relevant Sections and Provisions of Law Deals with the Service of NOTICE OR SUMMONS To the Accused or to anyone WHEN HE IS IN THE CUSTODY OF POLICE OR IN CUSTODY OF INVESTIGATING AUTHORITY LIKE CID, CBI etc.

Kindly Let me know the relevant sections...

I think the applicable laws will be of CRPC Sec 62  and Police manual.

Thanks in Advance.


Chirag Shah. 


 6 Replies

PARTHA P BORBORA (advocate)     09 July 2009

u just inform the matter to the magistrate concerned an he weill take proper action.
1 Like

Jatin Sapra 9312223345,Delhi (Advocate)     09 July 2009


If anyone is in custody and u wants to serve him/her summons.

 If he/her is in Police custody then summon can be served on him as served in general scenerio.If u able to trace him but that is very unpractical becoz if anyone is in police custody u or the server won't be able to trace him/her .

But  in judicial custody u can serve him/her through Jail suprintendent

2 Like

PARTHA P BORBORA (advocate)     09 July 2009

Advocate Jatin is very right. my answer was not up to the mark.

1 Like

Solicitor Chirag Shah (Advocate & Solicitor)     10 July 2009

Thanks Mr. Sapra and Mr. Borbora.

In my case the service of Notice of Advocate U/s  138 N.I. Act is done when the Accused was in the custody of Police / CBI and further he was served when he was under intorogation and investigation of the Officers.

\Whether this will be a valid service...

Also the Accused has refused to accept the Service of Notice when he was served in due course at his Residence and at his Office.

 I am for the Accused. I want to prove the service as Bad and Ineffective. 


Thatnks in advance.

Jatin Sapra 9312223345,Delhi (Advocate)     10 July 2009

Hello and thanks Mr. Borbora,

It doesnot matter whether u were in custody at that time and refusal.

As far as ur plea on service of notice that can be decided only  after examining the remarks on service report  and from ur point of view u can take defence about knowledge of indegredients of knowledge and the trouma of being in custody at that point of time.

Other matters are factual.

1 Like

PARTHA P BORBORA (advocate)     10 July 2009

it will be treated as properly served.

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