The Apex Court has issued a notice in the plea which challenges section 64 of the Code of Criminal Procedure on the ground that the section is discriminatory against women as it finds them incapable of accepting summons on behalf of other person.
“Section 64 reads as: Service when persons summoned cannot be found – Where the person summoned cannot, by the exercise of due diligence, be found, the summons may be served by leaving one of the duplicates for him with some adult male member of his family residing with him, and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate. Explanation.- A servant is not a member of the family within the meaning of this section.
The petitioner pointed put that in the Code of Civil Procedure, the summon can be served on any adult member irrespective of their gender, on the other hand the Code of Criminal Procedure doesn’t consider an adult female a competent of accepting summon.“
The plea also highlighted the issue that section 64 of the Code of Criminal Procedure fails to mention the procedure that is needed to be followed in scenarios where only an adult female is available at the house.
The petitioner further argued that such exclusion is violative of their rights guaranteed under Articles 14, 15, 21 and 19(1) of the Constitution of India.
The case of Kavitha v Union of India was referred in the matter where section 64 was challenger and the government stated that the provision was made to protect the privacy of women.
The Bench of CJI Chandrachud and Justice Hima Kohli took up the petition and issued notice to the Central government in the case.
Title: Kush Kalra vs Union of India & Anr
Case No. : WP C 958 of 2022
