Introduction to Section 65 of BNSS
Section 65 of BNSS establishes the procedures for serving legal summons to organizations rather than individuals. This section specifically addresses how courts can properly deliver summons to companies, corporations, societies, and partnerships. The provision ensures that legal proceedings involving organizational entities can proceed efficiently by clearly defining who can receive summons on behalf of these entities and what methods of delivery are legally acceptable. By providing these guidelines, Section 65 prevents organizations from avoiding legal proceedings through technicalities related to service of summons.
What is BNSS Section 65 ?
BNSS Section 65 defines how legal summons should be delivered to companies, corporations, partnerships, and similar organizations. It explains who is allowed to receive a summons on behalf of the organization, the methods for delivering the summons (like personal delivery or registered post), and when the summons is legally considered served—even if not physically received. This section also lists the types of entities it covers, such as companies under the Companies Act 2013, societies under the Societies Registration Act 1860, and all types of partnerships or associations.
BNSS Section of 65 in Simple Points
1. Serving Companies
You can serve a summons to a company in two ways: either give it directly to an important person like the Director, Manager, or Secretary, or mail it using registered post. This makes sure the company gets proper legal notice.
2. Who Can Receive for a Company
Not just anyone can accept a legal summons for a company. Only certain people with authority can do this: the Director, Manager, Secretary, or another official officer. These people have the power to represent the company in legal matters.
3. Mailed Summons Count Automatically
When you send a summons by registered post, the law considers it delivered when it would normally arrive in the mail – even if nobody signs for it. This means companies can’t avoid legal cases by refusing to accept mail.
4. Serving Partnerships Is Different
For partnerships (like law firms or family businesses), you can give the summons to any partner. Unlike companies, you don’t need to find a specific person with a certain title – any partner will do.
5. Who Counts as a “Company”
The law clearly defines what counts as a “company” or “corporation” – it includes businesses registered under the Companies Act of 2013 and also organizations registered under the Societies Registration Act of 1860. This covers both for-profit businesses and non-profit organizations.
Section 65 of BNSS Overview
BNSS Section 65 can be defined as the statutory provision that outlines the authorized methods, designated recipients, and legal requirements for serving summons on companies, corporations, partnerships, and other organizational entities. It specifies the acceptable delivery methods (personal service or registered post), identifies who has legal authority to receive summons on behalf of different types of organizations, establishes when service by post is considered legally complete, and provides clear definitions of which entities fall under its provisions.
BNSS Section 65: 10 Key Points
1. Corporate Service Options
When a court needs to summon a company or corporation, the law provides two distinct methods. First, the summons can be physically handed to an authorized officer in person. Second, the summons can be sent through registered post. This flexibility is important because companies may have security protocols, multiple locations, or busy executives that make in-person delivery difficult. Having these two options ensures that legal proceedings aren’t delayed simply because of challenges in delivering documents to corporate entities.
2. Authorized Recipients in Companies
The law specifically identifies four categories of people who can legally receive a summons on behalf of a company: Directors (who serve on the company’s board), Managers (who oversee operations), Secretaries (who handle administrative and compliance matters), or other officers (which might include compliance officers, legal representatives, etc.). These individuals have the authority and responsibility to deal with legal communications. Serving the summons to these specific people ensures the company will be properly notified about legal proceedings.
3. Registered Post Delivery
When using the postal method, the law requires registered post specifically – not regular mail or courier. Registered post creates an official record that the document was sent, who sent it, when it was sent, and where it was addressed. The law also specifies the summons must be addressed to an authorized officer in India, which establishes jurisdiction and prevents companies from avoiding summons by claiming they should be served overseas. This registered post requirement creates stronger evidence of delivery than ordinary mail would provide.
4. Timing of Service by Post
The law includes a specific provision about when postal delivery is considered legally complete. Rather than waiting for confirmation of actual receipt, service is deemed complete when the letter would normally arrive through regular mail delivery. This creates a predictable timeline for courts and prevents companies from delaying proceedings by claiming they never received the document. Courts can proceed based on when delivery should have reasonably occurred according to normal postal timelines.
5. Definition of “Company”
To prevent confusion, the law clarifies that “company” specifically means a body corporate registered under the Companies Act, 2013. This definition is important because it establishes which entities fall under this section. It includes private limited companies, public limited companies, and other corporate structures registered under the Companies Act. This clear definition prevents arguments about whether an entity qualifies as a “company” for summons delivery purposes.
6. Definition of “Corporation”
The law broadens the definition of “corporation” to include not just companies registered under the Companies Act, but also societies registered under the Societies Registration Act, 1860. This expanded definition ensures that various types of incorporated entities – including non-profit organizations, charitable societies, and other incorporated bodies – are covered by these summons procedures. This comprehensive definition prevents entities from escaping legal proceedings by claiming they don’t fall under the definition.
7. Service to Partnerships
For partnerships, which may not have designated officers like corporations, the law permits service to any partner. Since partners share legal responsibility for the partnership, any partner can receive legal documents on behalf of the entire firm. This simplifies the process of serving partnerships, as the serving officer doesn’t need to locate a specific partner – any partner will suffice. This provision recognizes the unique legal structure of partnerships where partners have authority to represent the entire entity.
8. Posted Service for Partnerships
Similar to corporations, partnerships can also be served through registered post addressed to any partner. This postal option is especially important for partnerships that might operate without regular office hours or from changing locations. The registered post creates an official record of the delivery attempt, even if the partner later claims not to have received it. This method provides courts with a reliable alternative when direct service to a partner isn’t practical.
9. Service Timing for Partnerships
The law applies the same timing standard to partnerships as it does to corporations – service by registered post is considered complete when the letter would normally arrive through regular mail delivery. This consistent approach creates uniformity across different types of business entities and prevents confusion about when different standards might apply. Courts can proceed based on estimated delivery dates rather than waiting for confirmation of actual receipt.
10. Purpose of Section 65
This section fills an important gap in summons procedures by specifically addressing organizational entities rather than individuals. Without these provisions, there could be confusion about who can legally receive summons on behalf of companies, partnerships, and societies. By establishing clear procedures, the section ensures that legal proceedings involving businesses and organizations can proceed efficiently without being derailed by disputes over proper service. This helps maintain the integrity and timeliness of the legal process when dealing with organizational entities.
Example 1: Corporate Service by Direct Delivery
A court issues a summons to ABC Manufacturing Ltd. in a consumer dispute case. The court officer goes to the company’s registered office and delivers the summons directly to Ms. Sharma, the Company Secretary. As Company Secretary is one of the designated positions authorized to receive summons under Section 65(1), this delivery constitutes proper service to the entire corporation. The company is now legally summoned to appear in court, even though the summons wasn’t given to the CEO or Managing Director.
Example 2: Partnership Service by Post
XYZ Trading Partners is named in a breach of contract case. After attempting personal service without success, the court sends the summons by registered post addressed to Mr. Patel, one of the three partners. According to Section 65(2), this registered post to any partner constitutes proper service to the entire partnership. When the letter would normally arrive through regular mail delivery (typically 3-5 days after posting), the service is considered legally complete – even if Mr. Patel later claims he never opened the letter or was away on business.
Section 65 of BNSS Short Information
| Point | Description |
|---|---|
| 1. Authorized Company Recipients | Summons can legally be received by a company’s Directors, Managers, Secretaries, or any officer authorized to act on behalf of the organization. This ensures that legal communication reaches the right hands. |
| 2. Delivery Methods for Companies | Summons may be delivered personally to an authorized officer or sent via registered post to their official address within India. Both methods are considered legally valid. |
| 3. Timing of Postal Service | If sent by registered post, the service is considered complete at the time it would normally be delivered—regardless of whether the officer physically receives it or not. |
| 4. Partnership Service Rules | In partnerships or associations, any partner—regardless of seniority or role—can accept the summons. Legal responsibility is shared among all partners. |
| 5. Scope of Organizations Covered | BNSS Section 65 applies to companies under the Companies Act, 2013, registered societies under the Societies Registration Act, 1860, and partnerships or associations of individuals. |
BNSS Section 65 FAQs
BNSS 65
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