The Supreme Court on Monday issued notice on a plea challenging Section 64 of the Code of Criminal Procedure (CrPC) [Kush Kalra vs Union of India]..A bench of Chief Justice of India (CJI) DY Chandrachud and Justice Hima Kohli issued notice, returnable in four weeks, and also directed service upon the office of Attorney-General for India R Venkataramani..Section 64 of the CrPC deals with serving of summons when the person concerned cannot be found. It provides for leaving the summons with some adult male member of his family residing with him.According to the plea filed by advocate Kush Kalra through advocate Jyotika Kalra, Section 64 is discriminatory as it speaks of summons only upon adult male members of the house.Hence, it is violative of Articles 14, 15 and 21 of the Constitution of India, the plea said.Advocate Aditya Jha also appeared for the petitioner. [Read order]
The Supreme Court on Monday issued notice on a plea challenging Section 64 of the Code of Criminal Procedure (CrPC) [Kush Kalra vs Union of India]..A bench of Chief Justice of India (CJI) DY Chandrachud and Justice Hima Kohli issued notice, returnable in four weeks, and also directed service upon the office of Attorney-General for India R Venkataramani..Section 64 of the CrPC deals with serving of summons when the person concerned cannot be found. It provides for leaving the summons with some adult male member of his family residing with him.According to the plea filed by advocate Kush Kalra through advocate Jyotika Kalra, Section 64 is discriminatory as it speaks of summons only upon adult male members of the house.Hence, it is violative of Articles 14, 15 and 21 of the Constitution of India, the plea said.Advocate Aditya Jha also appeared for the petitioner. [Read order]