Summons Under Criminal Procedure Code, 1973

The Code of criminal procedure, enacted in 1973 in terms of processes to compel appearance', chapter VI talks about various ways to get the accused or the said person to appear in front of the court.

Summons

A very basic or simple way to make someone appear in front of the court. It is a document that calls a person to be present in front of the magistrate on the said date. Section 61-69 of the Code of criminal procedure, 1973 covers a detailed description of the summons. A summons issued documents that are to be in written format, which has the signature of the preceding officer, a duplicate copy, and need to have the seal of the court. The summons should be a detailed document. It should contain all that information which a summoned person should know about. Name, address, the reason to summon everything should be specified. These summonses are to be served to the person by the police officer or any other public servant authorized to do the duty.

This summons must be given directly to the summoned person; in his/her absence, it is to be given to the adult male member of the family and get a signature on the received receipt. In case of summons of cooperating bodies or societies, it is to be given to the Secretary or the principal officer of the company, and the same has to be signed on the receipt, later which can be used as proof if the person is in denial of accepting the summon orders.

What if the person summoned is from another jurisdiction?

Section 67 of the Code of criminal procedure talks about the summon service outside the local limits. If a person to be summoned belongs to another jurisdiction, then a preceding officer sends the summons in duplicate to the magistrate present in the local jurisdiction where the person summoned resides to be served. While serving, if the preceding officer who brought the summoning orders to the magistrate is absent due to some reasonable restrictions, then an affidavit should be given with the duplicate copy of the orders purporting to be endorsed, and the same shall be admissible in information.

Section 69 of the Code of criminal procedures

The criminal Procedure code never goes lenient on both the parties during the trials, but there is an exception for witnesses. According to section 69, a court can direct a copy document of the summons to the witness residing or holding a business for profit in any other place that can be sent through the registered post. Then to be signed on the receipt. If the post office says that the person summoned denies the summon, the court will say that it has duly served.

Conclusion

There are different cases where these sections were upheld and challenged. To date, questions are rising, yet these sections are deeply rooted. Summons are a basic way to assemble someone in court without offending them.

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