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Chapter VI

Process to Compel appearance


(Sections 61-90)

Summons Sec 61-69

Warrant of arrest Sec 70- 81

Proclamation and attachment


Sec 82- 86
Summons Sec 61-69
It is a legal document issued by a Court on a person
involved in a legal proceeding.
Summons are served, when a legal action is taken
against a person or when any person is required to
appear in the court as a witness in a proceeding, to call
upon such person and ensure his presence on the given
date of the proceeding,
A person who is summoned is legally bound to appear
before the court on the given date and time. Wilful
disobedience is liable to be punished under Section
174 of IPC. It is a ground for contempt of court.
Form of summons - Every summons issued by a Court
shall be in writing, signed by the presiding officer of
such Court and shall bear the seal of the Court. ( Sec.
61)
Summons to an Accused Person
Form No. 1 Schedule II
To

.........................(name of accused) of (address)

WHEREAS your attendance is necessary to answer to a charge of (state


shortly the offence charged), you are hereby required to appear in
person (or by pleader, as the case may be) before the (Magistrate) of

on the day of Herein fail not.

Dated, this .................day of..........19.....

(Seal of the Court) (Signature)


Magistrate may dispense with the
personal attendance of accused.
(Sec. 205)

(1) Whenever a Magistrate issues a summons, he


may, if he sees reason so to do, dispense with
the personal attendance of the accused and
permit him to appear by his pleader.
(2) But the Magistrate inquiring into or trying the
case may, in his discretion, at any stage of the
proceedings, direct the personal attendance of
the accused, and, if necessary, enforce such
attendance in the manner hereinbefore provided.
Mode of Service (Section 62)
This code gives procedures for serving a
summons on various categories of individuals - a
person, a corporate body, a government
servant, and a person residing outside the
jurisdiction of the court.
Summons shall be served by a police officer or
any officer of the Court issuing it or other public
servant.
As far as practicable, it should be served
personally and one of the duplicates should be
given to him.
The person receiving the summons should sign
the receipt on the back of other duplicate
Corporate bodies and Societies
(Section 63)

It may be effected by serving it on the secretary,


local manager or other principle 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.
Persons summoned cannot be
found - (Section 64& 65)
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 on the back of the other duplicate.
A servant is not considered to be a member of the
family within the meaning of this section.
Service of summons on the adult male member of the
family of person to be summoned is not
unconstitutional. (G. Kavitha V. Union of India )
Section 65
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;
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.
Summons on a Govt. employee
(Section 66)
Where the person summoned is in the active
service of the Government, the Court issuing the
summons shall ordinarily sent it in duplicate to
the head of the office in which such person is
employed
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.
Service of summons outside local
limits (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.

In E Chathu vs P Gopalan, (1981), it was held that


when the person sought to be summoned is employed
abroad, the court can send summons to the concerned
embassy official for the purpose of service since the
embassy official is also a public servant. Merely
affixing the summon on a conspicuous part of the house
will not amount to service of the summon.
Proof of Service - (Sec. 68)
When a summons issued by a Court is served
outside its local jurisdiction, and in any case
where the officer who has served a summons is
not present at the hearing of the case, an
affidavit stating that such summons has been
served, and a duplicate of the summons shall
be admissible in evidence, and the statements
made therein shall be deemed to be correct
unless and until the contrary is proved.
Summons to a Witness-(Section 69)
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.
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.
Summons to Witness
Form No. 33 Schedule II
To

WHEREAS complaint has been made before me that (name of the accused)
of (address) has (or is suspected to have) committed the offence of (state
the offence concisely with time and place), and it appears to me that you
are likely to give material evidence or to produce any document or other
thing for the prosecution;

You are hereby summoned to appear before this Court on the day of next at
ten o'clock in the forenoon, to produce such document or thing or to testify
what you know concerning the matter of the said complaint, and not to
depart thence without leave of the Court; and you are hereby warned that, if
you shall without just excuse neglect or refuse to appear on the said date, a
warrant will be issued to compel your attendance.

Dated, this .........day of.........19.

(Seal of the Court) (Signature)


Not obeying Summons
If a person does not appear before the
criminal court on the day mentioned in the
summons served upon him, then the court may
issue bailable warrants against him to ensure
that next time he appears before the court.

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