SUMMONS

Section 61 to 69 Crpc deals with the topic of summons under Chapter VI (Process to compel appearance) and Section 27 along with order 5 of Cpc deals with the service of Summons to the defendant.

Summon is the legal document issued by the court to compel a person to appear before the court of law.

Every summon is issued by the court in writing, in duplicate, signed by the presiding officer of such or any such officer as the High Court may direct from time to time and shall bear the stamp of court.

The execution of the Summon shall be done by the Police Officer as per the process mentioned in Chapter VI of the Crpc. If practically possible, Summon shall be issued personally, by delivering or tendering him one of duplicates of the Summons. Every person on whom the Summon is served, if required by the serving officer shall sign on the back of other duplicate as receipt of summon.

A Summon can be issued on corporate by serving it on the secretary, local manager or other principal officer of the corporation or the letter sent by the registered post address to the chief officer of the corporation.

After the complete due diligence, if a person on whom the summon is to be served not found, the serving officer may leave one of the duplicates with the adult male member of the family. It shall be noted that a servant cannot be considered as the member of the family. If required by the serving officer, the adult male member need to sign on the back of other duplicate as receipt of the Summon.

After the due diligence as per section 62, 63 or 64, service of summon cannot be done, serving officer may affix it as the conspicuous part of the household where the person ordinarily resides and thereupon Court may after such inquiry as thinks fit consider it as serving of summon or order a fresh service in such manner as it consider proper

The issuance of Summon to the Govt servant shall be executed by issuing the duplicate to the head of the office in which such person is employed and head shall thereupon cause the summon to be served as per Section 62 and return it to the court under his signature. Such signature shall be evidence of due service.

When the summon is to be issued by the court to the person outside its local limit, it shall be issued to the Magistrate within whose local limits the person on whom the summon to be issued resides.

There may be circumstances when the serving officer is not present in court as proof of serving the summon, an affidavit purporting to be made before a Magistrate and a duplicate of the summon to be presented by the person on whom it is issued, is an admissible evidence. An affidavit shall be attached with duplicate of the summon and returned to the Court.

If the summon is to be issued to witness for appearance, court shall simultaneously with the issue of Summon, directs the summon by registered post on the address of the person on whom the summon is issued ordinarily resides.

Acknowledgement by witness or endorsement by postal employee shall be an admissible evidence even if the person refused to take the delivery.

Section 61 – How should be the form of Summons

Section 62 – Mode of service of summons

Section 63 – Service of summon on the corporate bodies

Section 64 – Service of summons when the person cannot be found

Section 65 – Procedure when service cannot be affected as before provided

Section 66 – Service of Summon on the Government servant

Section 67 – Service of summon outside the local limits

Section 68 – Proof of service in such cases and when serving officer in not present

Section 69 – Service of Summon on witness by post

Supreme Court in one of judgement states that Magistrate need not to give reasons to summon accused.

Section 204 of Crpc mandates that the Magistrate to form an opinion as to whether there is a sufficient ground exist for issuance of summons but it is nowhere mentioned that the explicit narration is mandatory.