Summon and summon cases are two different terms. Cases are defined under section 2 (w) of code of criminal procedure as cases which are not warrant cases. So what is a warrant case? Warrant cases are those where the punishment for the organs is death penalty, life imprisonment, punishment for a term exceeding two years. So it means summon cases are those where the punishment for term is less than 2 years. We understand summon cases now you will understand the meaning of summon.
The Summon isn’t defined anywhere in the section of code of criminal procedure but the preparation of summon is mentioned under section 61 of code of criminal procedure, form 1 of second schedule. Services are also mentioned under Section 62 to 67. Section 68 of the code of criminal procedure talks about proof of service when a summons issued by a court outside its local jurisdiction or when a serving officer is not present.
Section 204 (1) (a) of code of criminal procedure provides power to the Magistrate that in some cases a magistrate can issue summons for procuring the attendance of the accused at trial. Section 204 (1) (b) of code of criminal procedure (crpc) states that a magistrate in warrant cases may issue a warrant or issue someone in case he thinks fit.
Section 87 of code of criminal procedure empowers magistrate to issue summon and warrant in case he has a reason to believe that diffused will not over the saman or has absconded.
So we can say that summons are usually issued where it can serve the purpose without involvement of warrant.
Section 61 of code of criminal procedure (Crpc) states that summon issued by the court shall be in –
- There shall be duplicate copy of summon
- It shall be signed by presiding officer of competent court
- Or it shall be signed by other officers if the High Court laid down such a rule.
- There shall be a seal of the court on the summons.
Section 205 (1) of code of criminal procedure permits the accused that he can be a by his leader and the accused and his physical presence isn’t required.