What is summons and how is it served?
What is Summon
Summons is a legal notice given to a person in which the person is called to act as a witness in a suit or to produce any documents before the court. Summons can be sent by a police officer or by post. And the signature of the recipient is taken so that it is ensured that the process of summons has been completed. What is Summon?
Summons is issued mainly to the person who has to be present before the court. The main purpose of summons is to summon the person in front of the proceedings going on before the court. In case of the person’s non-appearance, the person is called by summons. A summon is later issued for his appearance so that he can appear before the court, What is Summon
All the provisions related to summons have been made in sections 61 to 70 of the Criminal Procedure Code CrPC 1973 and in this, all the provisions regarding issuance of summons and service of summons have been given. What is Summons?
Section 61
Under Section 61 of the Code of Criminal Procedure, the summons will be in writing in duplicate. It is issued by the Magistrate in which the presence of the person is ensured. The Magistrate can issue summons and warrant against any person as per the case and from the case Summons can also be issued to other persons involved
On issuing summons, the person is ordered to appear before the court, in which the name of the person issued summons, father’s name, address, details of what work he does and for which case he has to appear in the court for hearing. All information ordered to be given is in writing in that summons
What is summons and how is it served?
Section 62
Section 62 tells how to serve a summons – Summons is issued by the Magistrate and will be served by a police officer or other public servant of a state, in which the person comes to know which When the person receives all this information about which summons has been issued by the court and the subject, then it is called service of summons.
The person is not forced to serve the summons or his house is not forcibly entered. The summons cannot be served by forcing the person in any way.
Section 64
Section 64 is used when a person avoids service of summons – If a person for whom a summons has been issued is evading the summons or is doing so intentionally or wants to make the court aware that he has been served a summons, Even if the summons has not been received, then Section 64 is used for summoning, in which it can be served by any adult person living with the summoned person by giving a copy of the summons to that person and in which a copy of the summons is issued. The signature of that person will be taken on the back of the copy and it does not include women or servants of the family.
What is summons and how is it served?
Section 65
Section 65 is used in the form of summons – This is done when no one receives the summons, in that case a copy of the summons is pasted at the person’s address. This can be the gate or window of the house so that it remains visible. And were seen as soon as they came home
Summons issued outside jurisdiction
When the court issues summons to a person and he is out of its jurisdiction, then the court transfers that summons to the court having that jurisdiction and the summons is served by the police or public servant by a person appointed by the magistrate of that jurisdiction court. is done
Section 69
In case of summons, Section 69 is used, the summons is served by post and a copy of the summons is signed.
Under which sections summons can be issued
- To produce documents or articles under Section 91 of the Code of Criminal Procedure
- Section 145(9) for production of document or thing to witness
- Under section 204, summons is issued to the accused
- Under Section 244 (2), summons is issued to the witness.
Section 161
After service of summons, when a person is made a witness, then the police records the statement of that witness. This statement is made under section 161 of CRPC.
What is summons and how is it served?
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