SUMMONS By Vandana Yadav

SUMMONS
Summons is a legal document issued from the office of the court of justice calling upon the person to whom it is directed to attend before a judge of officer of court at a specified time for a specified purpose. It is a milder form of process. A summon is served when the aggrieved party initiates a case against the defendant(accused). It can be issued to any person directly or indirectly involved in the case. It is issued in the form of a legal document with details such as the name of the individual who lodged the complaint and the name of the accused. The office of the court, police officer or any other public servant delivers the summon to the defendant. However summon, which is issued to the witness , is delivered by the registered post. if on serving the summons, the person against whom it is issued does not appear in the Court then this will be taken as a Contempt of Court and shall be punished accordingly.
NEED OF ISSUING SUMMONS
1) To inform a person when a legal action is taken against him, i.e to inform the accused.
2) To inform a person that he is required to appear in the court as a witness in a proceeding at a specified time,
3) To inform the person for producing the document or a thing
61. Form of summons.
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.
62. Summons how served.
(1) 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. (2) 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.
(3) Every person on whom a summons is so served shall, if so required by the serving officer, sign a receipt therefore on the back of the other duplicate.
64. Service when persons summoned cannot be found.
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.
69. Service of summons on witness by post.
(1) Notwithstanding anything contained in the preceding section 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.
(2) When an acknowledgment 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.
PROCEDURE TO SERVE SUMMONS :
a)Prepare summons considering all its essentials as per section 61 and as given in Schedule II Form 1 of CrPC
b) a Police officer or an officer of the court issuing the summons or other public servant has to serve it personally to the summoned if practicable
c) The serving officer should explain it to the person summoned
d) its duplicate copy is to be given to the person summoned
e) a receipt of the summon by the person summoned should be confirmed by his signature on the back of the other duplicate
CASES:
In KARSANLAL DANATRAM ,1868 The Court held that mere showing of a summon to a witness is not sufficient to service. Either summons should be left with the witness or exhibited to him and a copy of it delivered or tendered.
In QUEEN v PUNNAMALAI , 1882, The Court held that a tender of a copy of the summons to the witness is sufficient service.

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