What is Summon and its process to compel appearance?

The Court can issue a Summon, warrant, proclamation and attachment and bond to make sure the person appears before the court because the object is not to arrest but just the appearance of the person. Usually a summon is issued in summon cases and when the appearance of the person in court is required and when the person ignores the summon then a warrant is issued and thereafter on ignorance of warrant, proclamation, attachment of property.

In this we’ll read about grounds of issuing summon, form, service and process with provisions.

 

Form of summon ( Section 61)

In this section, Summon shall be in writing, in duplicate, signed by the presiding officer, date and time and place shall be mentioned along with seal of the Court.

 

Mode (Section 62)

Section 62 of Code of Criminal Procedure talks about the mode to serve summons.

Every summon shall be served by –

  • Police Officer or
  • Officer of the Court issuing it (subject to rules if made by State Government)
  • Other Public Servant (Section 21 of Indian Penal Code defines Police Servant)

Summon shall be served in person by delivering or tendering him the duplicate of summon. If required by the officer serving the Summon, the person receiving the summon shall sign a receipt on the back of the other duplicate. However, a summon can also be served to another person which will be discussed in the next Section.

 

What happens when the person summoned can’t be found?

Section 64 of Code of Criminal Procedure states that if the person summoned can’t be found after exercise if due diligence then the duplicate of summon may be served to an adult make member of the family. So, the summon served to him shall not be taken into consideration.

 

Extended service of summon

Section 65 of Code of Criminal Procedure talks about the extended service to serve summons in cases where summons are not served after the exercise of due diligence. So, in such case, officer serving the summon shall affix one of the duplicate copies of summon to –

  • some conspicuous part of the house or
  • Homestead where the person ordinarily resides

Thereafter, the Court makes inquiry and if it thinks fit, it may declare that the summon has been duly served or order a fresh service of summon.

Comments are closed.