CHAPTER VI: PROCESSES TO COMPEL APPEARANCES (Section 61- 90), Part A.- SUMMONS (Section 61-69), The Code of Criminal Procedure, 1973

INTRODUCTION

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.

There are 6 ways to compel a person to appear in court-

• Summon, (A-chapter VI: CrPC)
• Warrant, (B-chapter VI: CrPC)
• Warrant in lieu of summon,, (D-chapter VI: CrPC)
• Proclamation of an absconder, (C-chapter VI: CrPC)
• Attachment of his property, and, (C-chapter VI: CrPC)
• Bond, with or without sureties to appear before a court on a certain date., (D-chapter VI: CrPC)

A.- SUMMONS (Section 61- 69)

It is a document issued from the office of a court of justice, calling upon the person to whom it is directed to attend, before:

• a Judge, or
• officer of the court.

Called “summons” in plural form because it’s meant to keep in duplicates in order to serve them to the concerned party.

• Summons case relates to less serious offences, thus undertaken for a milder form of process:
  • For enforcement the appearance of the accused or of witness, and
  • For production of a document or a thing.

SECTION 61: FORM OF SUMMONS (written summons)

• Every summons issued by a Court under this Code, shall be:
  • in writing,
  • in duplicate,
  • signed by-
    • presiding officer of such Court, or
    • such other officer as High Court may direct (from time to time, by rule),
  • bear the seal of the Court.
• Get more clarity of this section by checking:
  • Forms of Summons: Schedule-II Form No.1 and Form No. 30.

CASE: Emperor V Rananjai Singh AIR 1928 All. 261

• A summons must clearly show:
  • the name and address – of the person summoned,
  • the place, date and time – at which the person summoned is to attend, and
  • the place, date and nature – of the offence committed.
• In the absence of such particulars, the proceedings taken thereon:
  • are invalid and
  • can be objected to by the person summoned.

Section 62: SUMMONS HOW SERVED

(1) Served by-

• Every summons shall be served by:
  • a police officer, or
  • an officer of the Court:
    • one, who’s issuing the summon, or
    • other public servant (subject to such rules as the State Government may make in this behalf).

(2) Served on-

• The summons shall (if practicable) be:
  • served personally,
  • on the person summoned,
  • by delivering or tendering to him,
  • on the duplicates of the summons.

(3)Summons proceedings-

• Every person on whom a summons is so served shall:
  • sign a receipt therefore on the back of the other duplicate,
  • if so required by the serving officer.

CASE: Maqsood Ahmad V Must. Arifa Khatoon, 1983 All. L.J. 493

Fact:

• In proceedings under section 126, CrPC magistrate committed illegality,
• by restoring to postal service method for effecting service of service of summons upon the petitioner,
• instead of issuing summons in accordance with provision under section 62, CrPC and onward.

Held:

• Service by registered post could not effected,
• it is obvious that the endorsement of ‘refuse’ made by the postman upon the postal cover,
• cannot lead the court to the conclusion, that the summons was personally served upon the petitioner.

SECTION 63: SERVICE OF SUMMON ON CORPORATE BODIES AND SOCIETIES

Service of summons on a corporation may be effecting by-

• Serving it on:
  • the secretary, local manager or other principal officer of the corporation, or
• Letter sent (where the service shall be deemed to have been affected when the letter would arrive in ordinary course of post):
  • by registered post,
  • addressed to the chief officer of the corporation in India.

Explanation: In this section, “corporation” means-

• an incorporated company or other body corporate, and
• a society, registered under the societies Registration Act, 1860 (21 of 1860).

SECTION 64: SERVICE WHEN PERSON SUMMONED CANNOT BE FOUND

SITUATION: Where, the person summoned cannot be found, by the exercise of due diligence.

CONSEQUENCE: The summons may be served by;

• Leaving 1 of the duplicates,
• with some adult male member of his family residing with him,
• for him (the person summoned).

(If required by the serving officer, the person with whom the summons is so left shall sign a receipt therefore on the back of the other duplicate.)

Explanation: (Exception)

• A servant is not a member of a family within the meaning of this section.

SECTION 65: PROCEDURE WHEN SERVICE CANNOT BE EFFECTED AS BEFORE PROVIDED

SITUATION: If service cannot be exercised of due diligence, as provided under section 62, 63 or 64, be effected.

CONSEQUENCE: 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.

(Thereupon, the Court after making such inquiries (as it think fit), may either:

• declare that the summons has been duly served, or
• order fresh service (in a proper manner).)

SECTION 66: SERVICE ON GOVERNMENT SERVANT

(1) SITUATION: Where, the person summoned is in the active service of the government.

CONSEQUENCE: The court, issuing the summons shall,

• ordinarily, send it in duplicate,
• to the head of the office, in which such person in employed.

(Thereupon, such head shall:

• cause the summons to be served (in the manner provided under section 62), and
• return it to the Court:
  • under his signature (which, shall be evidence of due service (66(2)),
  • with endorsement (required by that section))

SECTION 67: SERVICE OF SUMMONS OUTSIDE LOCAL LIMITS

SITUATION: When a court desires that a summons issued by it shall be served at any place outside its local jurisdiction.

CONSEQUENCE: Court shall:

• ordinarily, send such summons in duplicate,
• to a Magistrate, within whose jurisdiction, the person summoned-
  • resides, or
  • is, to be there served.

SECTION 68: PROOF OF SERVICE IN SUCH CASES AND WHEN SERVING OFFICER NOT PRESENT

(1) SITUATION: When a summons issued by a court is served outside its local jurisdiction, and

• in case, where the officer who has served a summons is not present at the hearing of the case.

CONSEQUENCE: An affidavit and 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.
• (An affidavit, to be made before a Magistrate,
  • purporting that such summons has been served.
• A duplicate of the summons,
  • purporting, to be endorsed (in manner provided by section 62 or section 64) by the person:
    • to whom it was delivered or tendered, or
    • with whom it was left.)

(2) (The affidavit mentioned in this section, may be-

• attached to the duplicate of the summons, and
• returned to the Court.)

SECTION 69: SERVICE OF SUMMONS ON WITNESS BY POST

• (1) Notwithstanding, anything contained in the preceding sections of this chapter,
• a court issuing a summons a witness may-
  • direct a copy of the summons (in addition to and simultaneously with the issue of such 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) SITUATION: An acknowledgement 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,
• summons, which has been received.

CONSEQUENCE: The Court issuing the summons may declare that the summons has been duly served.

FIRST PART OF THE SERIES ON CHAPTER 6 OF CODE OF CRIMINAL PROCEDURE, 1973 CONSISTS OF SUMMONS, AS PART-A, IN THE CODE and SECOND PART CONSISTS OF PART-B, OF THE CODE WHICH IS WARRANT.