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M +91 7019021797

LAW METRO
  • Home
  • Contact Us
  • Practicing Areas
    • Civil Matters
    • Intellectual Property Law
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  • KNOWLEDGE BASE
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    • Traffic Challan
    • Sources of Hindu Law
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Summons According to Criminal Procedural cases

Summons

Section 61 of Cr.P.C that is Form of summons.—Every summons issued by a Court under this Code shall be in writing, in duplicate, signed by the presiding officer of such Court or by such other officer as the High Court may, from time to time, by rule direct, and shall bear the seal of the Court.

Section 62 deals in Summons how served.—

(1) Every summons shall be served by a police officer, or subject to such rules as the State Government may make in this behalf, by an officer of the Court issuing it or other public servant. 

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

(3) Every person on whom a summons is so served shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.

Some other sections which deal in service of summons i.e., Section 63. Service of summons on corporate bodies and societies.

Section 64. Service when persons summoned cannot be found.

Section 65. Procedure when service cannot be effected as before provided.

Section 66. Service on Government servant.

Section 67. Service of summons outside local limits.

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

Section 311. Power to summon material witness, or examine person present.—Section 69. Service of summons on witness by post.

Other rules regarding processes of summons

Section 87 deals in Issue of warrant in lieu of, or in addition to, summons.—A Court may, in any case in which it is empowered by this Code to issue a summons for the appearance of any person, issue, after recording its reasons in writing, a warrant for his arrest— 

(a) if, either before the issue of such summons, or after the issue of the same but before the time fixed for his appearance, the Court sees reason to believe that he has absconded or will not obey the summons; or 

(b) if at such time he fails to appear and the summons is proved to have been duly served in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure.


Section 90 deals in Provisions of this Chapter generally applicable to summonses and warrants of arrest.—The provisions contained in this Chapter relating to a summons and warrant, and their issue, service and execution, shall, so far as may be, apply to every summons and every warrant of arrest issued under this Code.

PROCESSES TO COMPEL THE PRODUCTION OF THINGS

A.—Summons to produce

Section 91. Summons to produce document or other thing.—

(1) Whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order. 

(2) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same. 

(3) Nothing in this section shall be deemed— 

(a) to affect sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), or the Bankers’ Books Evidence Act, 1891 (13 of 1891), or 

(b) to apply to a letter, postcard, telegram or other document or any parcel or thing in the custody of the postal or telegraph authority.


Section 113. Summons or warrant in case of person not so present.

Section 114. Copy of order to accompany summons or warrant.

Section 187. Power to issue summons or warrant for offence committed beyond local jurisdiction.


Section 205. Magistrate may dispense with personal attendance of accused.—

(1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his pleader. 

(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner herein before provided.

Section 206. Special summons in cases of petty offence

Section 244. Evidence for prosecution.—

(1) When, in any warrant-case instituted otherwise than on a police report, the accused appears or is brought before a Magistrate, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution. 

(2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing

Section 311. Power to summon material witness, or examine person present.—

Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case.


350. Summary procedure for punishment for non-attendance by a witness in obedience to summons.—

(1) If any witness being summoned to appear before a Criminal Court is legally bound to appear at a certain place and time in obedience to the summons and without just excuse neglects or refuses to attend at that place or time or departs from the place where he has to attend before the time at which it is lawful for him to depart, and the Court before which the witness is to appear is satisfied that it is expedient in the interest of justice that such a witness should be tried summarily, the Court may take cognizance of the offence and after giving the offender an opportunity of showing cause why he should not be punished under this section, sentence him to fine not exceeding one hundred rupees. 

(2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials.




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