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What provisions are given in CrPC for compelling appearance in courts?
What do you know about Summons in this context? Describe the procedure
for issue and service of a Summons. How can a Summons be served on a
govt. employee or outside local limits?
Processes for compelling appearance
To meet the ends of justice, it is critical to produce the accused and
other witness or related parties before the court whenever needed. If
the accused is found guilty at the conclusion of the trial, he must be
present in person to receive the sentence. Also, his presence is
necessary if imprisonment is to be enforced. Further, the supremacy of
the law will be questionable if there is no formal process to bring the
required persons before the court. For this reason, Chapter VI (Sections 61 to 90) of CrPC provides three ways for compelling the appearance of any person who is required to
be present in the court, in the court -
Summons is an order of the court to the person to appear before it,
Warrant is an order of the court given to a third person to bring the
person who is required to be present in the court, in the court. Which
method is to be used in a particular situation depends on the judicial
officer, who is guided by the provisions of this code. The third method
is used when the person has absconded or is in any other way avoiding
arrest, in which case the Court may publish a written proclamation
requiring him to appear at a specified place and at a specified time
not less than thirty days from the date of publishing such proclamation
- Warrant, and
- Proclamation for person absconding
The code classifies all criminal cases into summons cases and warrant
cases. A case is a warrant case if the offence is punishable by death,
imprisonment for life or imprisonment for more than two years. A
summons case is a case that is not a warrant case. Thus, the basis of
classification is the seriousness of the offence. Since summons case
contains a lesser sentence, there is less probability of the accused
violating the court order. Therefore, generally, a summons is issued
for a summons case and a warrant is issued for a warrant case. However,
when a summons is not productive in making a person appear before
the court, the count may issue a warrant to a police officer or any
other person to forcibly produce the required person before the court.
A Summons is a process issued by a Court, calling upon a person
to appear before a Magistrate. It is used for the purpose of notifying
an individual of
his legal obligation to appear before the Magistrate as a response to a
violation of the law. It is addressed to a defendant in a legal
proceeding. Typically, the summons will announce to the person to whom
it is directed that a legal proceeding has been started against that
person, and that a file has been started in the court records. The
summons announces a date and time on which the person must appear in court.
A person who is summoned is legally bound to appear before the court
on the given date and time. Willful disobedience is liable to be
punished under Section 174 of IPC. It is a ground for contempt of court.
As per Section 61, every
summons issued by a Court under this Code shall be in writing and in
duplicate. It must be signed by the presiding officer of the Court or
by such other officer as the High Court may, from time to time, by rule
direct. It must also bear the seal of the Court.
Procedure for issuing a Summons
When a request in appropriate format is made to the court for
compelling the appearance for a person, the court either rejects the
request or issues a Summons. As per Section 204,
if in the opinion of the magistrate taking cognizance of the offence,
there is sufficient ground for proceeding, he shall issue a summons if
it is a summons case. If it is a warrants case, he may issue a
warrant or a summons as he thinks fit. However, Section 87, empowers a
magistrate to issue a warrant even if the case is a summons case
if he has reason to believe that the summons will be disobeyed. He must
record his reasons for this action.
The summons should contain adequate particulars such as the date, time,
and place, of the offence charged. It should also contain the date,
time, and place where the summoned person is supposed to appear. The
standard format of a summons is given in Form 1 of Second schedule.
As per Section 205, a magistrate issuing the summons may permit the accused to appear by his lawyer if he sees reason to do so.
Procedure for serving a Summons
CrPC describes the 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.
Section 62 describes the procedure for serving a Summons on a person as follows -
(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
(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
In case of Danatram Karsanal, 1968,
it was held that summons should not only be shown but a copy of it be
left, exhibited, delivered, or tendered, to the person summoned. In a
case, where a copy was tendered to the person, it was held that the
summon was served.
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.
Service of summons on corporate bodies and societies (Section 63) -
Service of a summons on a corporation 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. In this section, "corporation" means an
incorporated company or other body corporate and includes a society
registered under the Societies Registration Act, 1860.
In the case of Central Bank of India vs Delhi Development Authority, 1981,
it was held that a Branch Manager is a local manager and if he has been
served the service shall be deemed to have been effected on the company
Service when persons summoned cannot be found (Section 64) -
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. A servant is not considered to be a member of the
family within the meaning of this section.
Procedure when service cannot be effected as before provided (Section 65) -
If service cannot by the exercise of due diligence be effected as
provided in section 62, section 63, or section 64, 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; and thereupon 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.
The service of summons on a witness can also be done by post. As per Section 69 -
Notwithstanding anything contained in the preceding sections 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.
Service of summons on a Govt. employee (Section 66) -
Section 66 details the procedure for serving a summons on a Government employee as follows -
(1) 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;
and 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.
(2) 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
the person summoned resides, or is believed to be there, served.