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Summons

The document discusses summons under the Code of Criminal Procedure (CrPC) in India. [1] Summons are issued by courts to compel an accused, witness, complainant or other person to attend court or produce documents. [2] There are two kinds of summons: for appearance, and for production of things or documents. [3] Summons must be served according to the procedures laid out in the CrPC, such as by a police officer or court official.

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116 views6 pages

Summons

The document discusses summons under the Code of Criminal Procedure (CrPC) in India. [1] Summons are issued by courts to compel an accused, witness, complainant or other person to attend court or produce documents. [2] There are two kinds of summons: for appearance, and for production of things or documents. [3] Summons must be served according to the procedures laid out in the CrPC, such as by a police officer or court official.

Uploaded by

Rohit kumar Sharma
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Summons under CrPC

Relevant Provisions: Sections 61-69 (Chapter VI); Sections 91-92 (Chapter VII)
 The word ‘Summons’ has not been defined in Code of Criminal Procedure.

Meaning/Definition: Summons is a legal document which is issued by Court to accused, complainant, witnesses and other persons to
-
• present before Court or
• produce documents or things.

Note: Summons also issued in civil cases by a civil court [See, Sections 27 to 32 & Order V of the Code of Civil Procedure, 1908]

Kinds of Summons under CrPC:


(i) Summons for Appearance of Accused, Witnesses etc. (Sections 61-69)
(ii) Summons for Production of Things or Documents (Section 91-92)

To whom summons may be issued under the provisions of CrPC?


• Accused - For example - Section 204
• Witnesses - For example - Sections 233(2), 244(2), 254(2)
• Complainant - For example - section 250
• Any other Person - See section 91
Form of summons [Section 61]: Every summons issued by a Court under this Code
 shall be in writing,
 in duplicate,
 signed by the presiding officer of such Court or by such other officer as the High Court may, from time to time, by rule direct,
and
 shall bear the seal of the Court.

Q. How summons are served?


Ans: According to Section 62(1) of the Code every summons shall be served by a police officer, or subject to such rules as the
State Government may make in this behalf, by an officer of the Court issuing it or other public servant.
 The summons shall, if practicable, be served personally on the person summoned, by delivering or tendering to him one of the
duplicates of the summons. [Section 62(2)]
 Every person on whom a summons is so served shall, if so required by the serving officer, sign a receipt therefor on the back of
the other duplicate. [Section 62(3)]

Note: Absconding to avoid service of summons of other proceeding is an offence under Section 172 of IPC.
Preventing service of summons or other proceeding, or preventing publication thereof is an offence under Section 173 of IPC.

Note: Section 350 of CrPC provides the summary procedure for punishment for non-attendance by a witness in obedience to
summons.
Procedure to serve summons on Corporate Bodies and Societies [Section 63]
Service of a summons on a corporation may be effected by serving it on:
• the secretary,
• local manager or
• other principal officer of the corporation, or
• by letter sent by registered post, addressed to the chief officer of the corporation in India, in which case the service shall be
deemed to have been effected when the letter would arrive in ordinary course of post.

In section 63, “corporation” means an incorporated company or other body corporate and includes a society registered under the
Societies Registration Act, 1860.

Service when Persons Summoned cannot be Found [Section 64]


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

 If service cannot by the exercise of due diligence be effected as provided in Section 62, Section 63 or Section 64, the serving
officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the
person summoned ordinarily resides; and thereupon the Court, after making such inquiries as it thinks fit, may either declare
that the summons has been duly served or order fresh service in such manner as it considers proper. [Section 65]
Q. How to serve summons on Government Servant?
Ans: According to Section 66 where the person summoned is in the active service of the Government, the Court issuing the
summons shall ordinarily send it in duplicate to the head of the office in which such person is employed; and
• such head shall thereupon cause the summons to be served in the manner provided by Section 62, and shall return it to the
Court under his signature with the endorsement required by that section.
• Such signature shall be evidence of due service.

Q. How to serve summons outside local limits?


Ans: According to Section 67 When a Court desires that a summons issued by it shall be served at any place outside its local
jurisdiction, it shall:
• ordinarily send such summons in duplicate to a Magistrate within whose local jurisdiction the person summoned resides, or is,
to be there served.
Q. How to serve summons on witness by post?
Ans: According to Section 69(1):
Notwithstanding anything contained in the preceding sections of this Chapter, a Court issuing a summons to a witness may, in
addition to and simultaneously with the issue of such summons, direct a copy of the summons to be served
• by registered post addressed to the witness at the place where he ordinarily resides or carries on business or personally
works for gain.

Note: When an acknowledgement purporting to be signed by the witness or an endorsement purporting to be made by a postal
employee that the witness refused to take delivery of the summons has been received, the Court issuing the summons may
declare that the summons has been duly served. [Section 69(2)]

Q. Can warrant may be issued against witness?


Ans: Warrant (Bailable or non-bailable warrant) may be issued against any person including a witness under Section 87 of the
Code. This provision is applicable in all cases in which court is competent to issue summons.
Summons Warrant

Summon is issued in duplicate [See, Section 61] Warrant is issued in one copy [See, Section 70]

signed by: (i) presiding officer of such Court or (ii) by such signed by: (i) presiding officer of such Court
other officer as the High Court may, from time to time, by Note: High Court cannot authorize any officer to put their
rule direct. signature.
There are no kinds of summons. There are two types of warrant namely;
(i) Bailable warrant - Section 71
(ii) Non-bailable warrant (NBW)
Summons cannot be issued in lieu of or in addition to warrant Warrant can be issued in lieu of or in addition to summons
[Section 87]
Summons shall be served by a police officer, or by an officer Generally Warrant is executed by police officer. But in
of the Court. Summons is not served by private person exceptional cases, private person can be authorized to
execute warrant.
In case of summons time is given to the person to appear In warrant the direction of Court is to arrest and produce
before the court of produce any thing/doucument. before Court unless warrant is bailable warrant.

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