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Some Thoughts on Section 64 of CrPC

Does ‘He’ Include ‘She’?

Section 64 of the Code of Criminal Procedure 1973 which deals with the serving of summons when the person concernced cannot be found, speaks of leaving the summons with “some adult male member of his family residing with him.” This provision is violative of Articles 14, 15 and 21 of the Constitution and the word “male” being unconstitutional, deserves to be struck down.



 

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