Summons and warrant both are processes to compel appearance before a court of law. As per the Section 204 of Cr. P.C, “if in the opinion of the magistrate taking cognizance of an offence, there is sufficient ground for proceedings and the case appears to be –
- A summons case – he shall issue summons for the attendance of the accused person, or
- A warrant case – he shall issue a warrant of arrest.
Section 61 and Section 70 of the Cr.P.C deals about the forms of the summons and warrant of arrest.
What is summons–
Summons is a document issued from the office of Court of justice calling upon the person to whom it is directed to appear before a judge or officer of law.
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Every summons shall be in writing and duplicate, signing and sealed by the presiding officer of the court issuing it. It must state in clear terms the tittle of the court, the place, date and time when the attendance of the summoned person is required.
Thus, the summons is a milder form of process; it is an order from the court directing a person before court on a particular date. It may be issued for (a) personal appearance, or (b) producing a document or thing. A summons for appearance may be sent to –
- An accused person,
- A person to so cause against some order,
- A person proceeded against maintenance of wife and children, neglected by him.
- A witness.
Summons how issued or served –
Every summons issued by the court under the provision of the Code of Criminal Procedure shall be in writing in duplicate, signed and sealed by the presiding officer of the court issuing it or any other officer as may be directed by the High Court by any rule. (Section 61 of Cr.P.C)
There are six ways in which summons can be served, these are –
- Personal service,
- Extended service,
- Substituted service,
- Service on Government employees etc.,
- Service on corporation, and
- Service outside the local limit of the court.
Let’s have a detailed discussion on these above six categories of service of summons –
(I) Personal Service – (Section 62)
It is made by delivering the duplicate copy of the summons to the person summoned provided in Section 62(2) of the Code of Criminal Procedure. It is the best way of service of summons because it is served personally to the person summoned by delivering him the duplicate copy of the summons. The serving officer after serving the summons under this section may ask to sign to the person to whom such summons is served on the back of other duplicate copy of the summons.
(II) Extended Service (Section 64) –
In a case where the person summoned cannot be found, the summons may be served by leaving one of the duplicate copy of summons for him with some adult mail member of his family residing with him. The serving officer may ask the person upon whom such summons is served to sign on receipt.
(III) Substituted Service (Section 65) –
When a service of summons cannot be effected in the above mentioned two ways, a duplicate of the summons shall be affixed to the outer door or in some other conspicuous part of the house in which the summoned person resides. Such a service of summons called substituted service.
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(IV) Service on Government (Section 66) –
In case the person upon whom summons shall be served is in active service of the government, the summons shall be served by sending it in duplicate to the head of the office where such person is employed. After receiving such summons the head of the office shall cause to serve to such employee in such a manner as provided in Section 62, and shall return the court under his signature.
(V) Service on corporation (Section 63) –
Service of summons on incorporated companies or other corporate bodies may be effected by serving it on the secretary, local manager or other principal officer of that particular corporate body or by a registered post letter addressed to the chief officer of the Corporation of India.
(VI) Service outside of the local limit of the court (Section 67)–
When a service of summons is to be served outside of the local limit of the jurisdiction of the court issuing it can be done by sending it to the Magistrate within whose jurisdiction the person summoned resides.
