What is Substituted Service?

**Substituted service** is an alternative method of serving summons, notices, or other court processes on a party when the **ordinary mode of service** (personal delivery) has failed or is not practicable. Instead of handing the document directly to the person, the court permits service through alternative means — such as publication in a newspaper, affixing a copy at the last known address, or through electronic means — so that the proceedings can continue even when the party cannot be personally reached.

The fundamental purpose of serving process is to ensure that the opposing party has **notice** of the proceedings and an opportunity to be heard. When personal service fails, substituted service provides a legally recognised method to achieve this notice, balancing the right of the party to be informed with the need to prevent cases from stalling indefinitely because a party is evading service.

Legal Framework

Code of Civil Procedure, 1908

- **Order V Rule 20 CPC:** Where the court is satisfied that there is reason to believe that the defendant is **keeping out of the way** for the purpose of avoiding service, or that for any other reason the summons cannot be served in the ordinary way, the court shall order the summons to be served by **affixing a copy** thereof in some conspicuous place in the court house and also at the last known place of residence or business of the defendant, or in such other manner as the court thinks fit.

- **Order V Rule 20(1A) CPC (inserted by 2002 Amendment):** Service by **courier, fax, email**, or other electronic means may be permitted by the court as a mode of substituted service.

- **Order V Rule 9 CPC:** Prescribes service by delivery or tender of the summons to the defendant personally, or if the defendant is absent, to an adult member of the family or a servant at the residence.

- **Order V Rule 17 CPC:** Where the defendant or their agent refuses to accept service or cannot be found after due diligence, the serving officer may affix a copy of the summons on a conspicuous part of the house and report the same to the court.

- **Order V Rule 19A CPC:** Simultaneous service by registered post along with the ordinary mode of service.

Criminal Proceedings

- **Section 65 CrPC (Section 70 BNSS):** If a summons cannot be served in the ordinary manner, the serving officer may affix it to a conspicuous part of the defendant's house, which is deemed valid service.

- **Section 82 CrPC (Section 84 BNSS):** In cases where the accused absconds, the court may issue a **proclamation** — a form of substituted service in criminal proceedings requiring the person to appear.

Modes of Substituted Service

Courts have approved various modes of substituted service:

1. **Affixation:** Pasting a copy of the summons on the outer door or conspicuous part of the party's last known residence or business.

2. **Newspaper publication:** Publication of the notice in a widely circulated newspaper (local or national) in the language of the area.

3. **Registered post / Speed post:** Sending the summons by registered post with acknowledgment due.

4. **Email and fax:** Following the 2002 CPC Amendment, courts may order service through electronic means.

5. **Website publication:** Some High Courts have permitted service through publication on the court website or other online platforms.

When Does This Term Matter?

When the Defendant Cannot Be Found

Substituted service becomes necessary when the plaintiff or the court has made diligent efforts to serve the defendant personally but the defendant is either evading service, has left the known address, or cannot be located. Without substituted service, the case would remain stuck at the threshold.

Before Passing Ex Parte Orders

Before a court can proceed ex parte (in the absence of the defendant), it must be satisfied that the defendant was properly served. If the original service failed, the court may order substituted service. Only after substituted service is effected and the defendant still does not appear can the court proceed ex parte.

Landmark Cases

- **Salem Advocate Bar Association v. Union of India (2005):** The Supreme Court approved amendments to Order V permitting service by courier, fax, and email, recognising the need to modernise service of process.

- **Sushil Kumar v. Rakesh Kumar (2003):** The Delhi High Court held that substituted service by publication in a newspaper is valid only when the court is satisfied that ordinary service is not possible and the newspaper chosen is likely to reach the defendant.

- **Central Bank of India v. C.L. Vimala (2015):** The Court held that substituted service must be ordered by the court through a specific order — it is not available as a matter of routine.

Practical Significance

- **Court order required:** Substituted service can only be effected pursuant to a court order. A party cannot unilaterally resort to substituted service.

- **Compliance is essential:** The mode of substituted service ordered by the court must be strictly complied with. Defective substituted service may lead to the decree being set aside under Order IX Rule 13 CPC.

- **Proof of service:** The party effecting substituted service must file proof (affidavit of service, newspaper clipping, postal receipt) before the court.

- **Not a first resort:** Courts order substituted service only when the ordinary mode has failed or is shown to be impracticable. The affidavit of the process server or an application explaining the failure is typically required.

- **E-service gaining acceptance:** Indian courts are increasingly accepting email and other electronic modes of service, particularly in commercial disputes and matters involving parties abroad.

Frequently Asked Questions

When does a court order substituted service?

A court orders substituted service when it is satisfied that ordinary personal service has failed — either because the defendant is evading service, has left the known address, or cannot be found despite diligent efforts. The plaintiff must demonstrate through an affidavit or the process server's report that reasonable attempts at ordinary service were made and failed.

Is service by newspaper publication always sufficient?

Not automatically. The court must be satisfied that the newspaper chosen is one that the defendant is reasonably likely to see — typically a newspaper with wide circulation in the area where the defendant was last known to reside. Publication in an obscure newspaper with limited circulation may not satisfy the requirement. Courts may also require publication in both English and the vernacular language.

Can a decree be set aside if substituted service was defective?

Yes. If the defendant can show that the substituted service was not carried out as ordered by the court, or that it was so defective that the defendant had no real notice of the proceedings, the court may set aside the ex parte decree under Order IX Rule 13 CPC. The defendant must demonstrate that the defect in service was the reason for non-appearance and that they have a meritorious defence.

Substituted Service