According to the law, when an individual (the “plaintiff”) files a complaint initiating a lawsuit against another party (the “defendant”), he is legally required to inform that party that he has done so. The summons provides the defendant with the identity of the court in which the lawsuit has been filed, identifies all of the parties involved in the lawsuit, and bears the signature and official seal of the court clerk. The summons is served with the complaint on the defendant, at which point the lawsuit officially begins.
Definition
- A legal document that notifies a defendant that a lawsuit has been filed against him.
- A call by authority to appear before a court or judicial officer.
The Code of Criminal Procedure (CrPC) provides for various types of summons, including summons to an accused person, summons to produce documents, and summons to attend as a witness.
Summons Types:
- Summons to an accused person: A summons to appear in court to answer criminal charges
- Summons to produce documents: A summons to produce documents or other things that are relevant to an investigation, inquiry, or trial
- Summons to attend as a witness: A summons to appear in court to give evidence
Summons procedure (Section 61 Of CrPC)
- Summons must be in writing and in duplicate
- The presiding officer or another designated officer must sign the summons
- The court’s seal must be on the summons
- A police officer or other public servant must serve the summons
- If possible, the summons must be served in person
- The person served must sign a receipt for the summons
- Form 5 in the Second Schedule of CrPC is the form for a summons to a witness
A police officer, court official, or public servant can serve a summons.
How it’s served (Section 62 Of CrPC)
- In person: The summons is delivered or tendered to the person being summoned
- By electronic communication: If the summons has the court’s seal, it can be served electronically
- By leaving it at a known address: If you can’t find the person, you can leave the summons at their last known address.
- To a family member: The serving officer must show they made reasonable efforts to find the person before leaving the summons with a family member.
Serving summons to corporations (Section 63 Of CrPC)
- A summons can be served on a corporation by serving it on the secretary, local manager, or another principal officer.
- It can also be served by registered post to the corporation’s chief officer.
Key points about (Section 64 CrPC)
- “Due diligence” requirement: The serving officer must demonstrate that they made reasonable efforts to find the person before resorting to leaving the summons with a family member.
- Family member requirement: The summons must be given to an adult male member of the person’s family who lives with them.
- Receipt signing: The person receiving the summons on behalf of the accused should sign a receipt on the back of a duplicate copy.
How is a summon served on a government employee?( Section 66)
- The court or magistrate sends a duplicate summons to the head of the employee’s office.
- The head of the office serves the summons on the employee.
- The head of the office returns the summons to the court with their signature.
- The signature is proof of due service.
What if service is not possible?
If service is not possible, the head of the office returns the summons to the court along with a statement explaining why service was not possible.
How is summons served Outside Local Limit? (Section 67)
- The court sends a duplicate summons to a Magistrate within whose jurisdiction the person to be served lives.
- The Magistrate serves the summons.
- If the police officer who serves the summons is not likely to be present at the hearing, they must make an affidavit before a Magistrate.
Additional information
- The Ministry of Home Affairs can service summons abroad in criminal matters.
- The summons should be served on the defendant or witness in the ordinary way.
- A copy of the summons should be sent to the head of the office or department at least 15 days before the hearing date.
Key points about Section 68:
- Applies when serving officer is absent: This section specifically addresses situations where the officer who served the summons is not present in court to testify about the service.
- Affidavit as proof: To prove service, the person who served the summons must file an affidavit with the court, confirming that the summons was delivered.
- Duplicate copy required: The affidavit should be accompanied by a duplicate copy of the summons, which should have the recipient’s endorsement.
- Presumption of correctness: The statements made in the affidavit are considered true unless the opposing party can prove otherwise.
“Service of summons on a witness” is the legal process of delivering a summons. This document informs a witness when and where to appear in court to testify.
Key points about serving a summons on a witness:(section 69)
- Personal service is preferred: Ideally, the summons should be delivered directly to the witness by a court officer or authorized person, ensuring they receive it personally.
- Method of service: Depending on the jurisdiction, you can serve the summons by hand or registered post. If the witness is a public servant, you can serve it through their representative.
- Contents of the summons: The summons will include the court name, case number, hearing date and time, the witness’s name and address, and instructions for appearing in court.
- What happens if a witness is not served: If a witness isn’t properly served, they aren’t obligated to appear in court. The court must then take further steps to ensure their attendance.
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