CrPC - Summons (Section 60 to Section 69)

Chapter 6 of CrPC deals compelling person to attend hearing or presence in a court. There are four methods by which court can achieve attendance of a person. This person could be anyone. Person could be accused. Person could be defense witness, prosecution witness or court witness or expert.

Below are four methods by which court can compel person to attend a court.

In this blog we will discuss the first one. i.e Summons. 

Summons are discussed in CrPC from section 60 to 69.

Section 61 described the form of the summon.  Summons are addressed to individual. This is important and differentiating factor with warrant. Warrants are addressed to Police officer whereas Summons are addressed to particular Individual whose attendance court seeks.

Below are some of the aspect of valid summon.


Next how this summons should be served. Summons are served by Police Officer or any other officer. Summons should be served in person, it should be delivered to person to whom it addressed. 

What if that person is not found? Then it should be give to adult member of his family. Remember, Servant is not a member of family. 

What if no adult member found ? Then stick the copy of summons to his house at some visible place, not at some hidden place.

Below image summarizes how summons should be served.


Next how it should be served to different entities, like Government Servant, Corporate Bodies/Societies, if recipient is in different jurisdiction? 

If it's Corporate Body or Society, then summons is served to it's higher officer.

If person is government servant then it is served to Head of the officer where that person works.

If person resides in different jurisdiction, then summons is sent to magistrate of that area, and magistrate then serve it upon a person.

Below image summarizes how summons served to different folks.


Below are some more provisions related to summons like when person who served summon cannot attend hearing, his affidavit could be evidence of the fact that summon is served.

Also summons can be served upon witness by registered post. 



That's all about summons.


Legalfundaa


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