Introduction

Section 61 to 69 of The Code of Criminal Procedure,1973 ( further Cr.PC ) deals with Summons. The object of summons is ‘to ensure the presence of the person summoned by the court’.

Meaning of Summons

The word summons has not been defined in the CrPC. But it may be defined as follows-     ” Summons is a written order of the court by which court direct that the person summoned to appear before the court at specified time and place as given in summon.

Contents of Summons

On the basis of Sections 61 and 61(1) of the Cr.PC following shall contain summons – a. Summons shall always be in writing. b. It shall be in duplicate. c. It shall be signed by the presiding officer of the court. d. It shall also bear the seal of the court. Besides above summons shall also contain the following –  • Full name and description of the person summoned. • The name of the authority by which summoned proposed to be served • Time, place and date.

Issue of Summons

Summons may be issued in following two cases:  a. In all summons cases summons shall be issued
b. In warrant cases summons may be issued (in the discretion of the court.

Modes of service of Summons

Summons are served by the following modes – 

Personal Service (S.62(2) r/w S. 66)

In following cases summons are served personally-

a. Where person summoned is in government service, according to section 66 of the CrPC 1973 summons shall be served through the Head of Department personally on the person summoned. b. Where person summoned is not in government service, According to section 62(2) summons shall be served directly to the person summoned.

Executed Service

According to section 64 if the person summoned can’t be found after exercise of due diligence, in such a case one copy of that summons shall be served by any adult male member of his family. According to explanation of section 62 servant is not covered under the family of summoned person.

Substituted Service

According to section 65 if summons can’t be served as the same manner as provided in section 62 & 64 then in such cases one copy of summons shall be aidaffi on the conspicuous part of the house in which the person summoned ordinarily reside.

Service by Post (S.63 & 69)

Summon is served by the post in following manner –
a. Where person summoned is a corporation or a society, according to section 63 summons shall be served by letter.
b. Where person summoned is a witness, according to section 69, besides other methods, simultaneous two kind of services may be applied and one of these service shall be effected by the registered post.

Consequences of non-compliance of summons

In case of non compliance of summons following two consequences can be –
a. Under IPC 1860.
   According to section 172 of the Indian Penal Code 1860, person summoned will be prosecuted.
b. Under CrPC 1973.
    Under the code of criminal procedure 1973 a warrant shall be issued.

Kinds of Summons

Summons are of two types – A – Ordinary Summons B – Special Summons

Ordinary Summons

Summons mentioned under sections 61 to 69 of the CrPC 1973 deal with ordinary summons.

Special Summons

Section 206 of The Crpc 1973 deal with special summons. Special summons shall be issued only in petty offences.

Meaning of Petty Offences

According to section 206(2) petty offences means:
a. an offence punishable with fine up to ₹ 1000 but doesn’t include any offence so punishable under the Motor Vehicle Act,1939 or any other law which provides for convicting the accused person in his absence on plea of guilty.

Effect of the irregularities in summons.

According to Section 465 of the CrPC 1973 in case of irregularities or omissions in summons the proceedings shall not be vitiated only on this ground unless it has in fact been occasioned the failure of justice.