Ishan Baranwal
A summon is a court order to an individual to appear in a court at a specified time and place and individual can know what kind of case and charges have been filed against defendant.
The purpose to serve summon to a defendant is to allow him to explain his case and his response to the claims of the plaintiff and further enable him to file a written statement within the specified statutory period.
INTRODUCTION
A summon is a legal document that is issued by a Court on a person involved in a legal proceeding.
When a legal action is taken against a person or when any person required to present or appear in the court as a witness in a proceeding.
To call upon such person and ensure his presence on the given date of proceeding, summons is served.
If on serving of the summon and the person against whom it had been issued does not appear in the court then this will be taken as a Contempt of court and shall be punished accordingly.
SUMMONS
A Summons is a document that is an order by a court requiring someone to appear in court.
When a case is initiated by a plaintiff against the defendant (accused), the summons is served.
The court orders to issue summons to notify that he/she is being sued, ensuring a fair trial.
As per section 61 of the Code of Criminal Procedure (‘Cr P.C.’) every summon is in writing, in duplicate, duly signed by Magistrate.
The police officer or officer of the court or any public servant, delivers the summon, to the defendant.
A summons is an official court document. It includes:
- The name of the type of court issuing the summons.
- The name of the party receiving the summons.
- The number assigned to the case by court.
- The names of the plaintiff and defendant.
- Case background.
The party receiving the summons must sign to show the summons has been received.
Who receives the Summons?
- The defendant, the person being sued, and those people who are related to the respective case, and to all the witnesses they also receive the summons.
- And to all those people whose presence and testimony is necessary, so that judge can listen to them.
How do Courts issue Summons?
- A party of a matter request court to issue summons against defendant, so after that Court have to decide whether to issue summon or to cancel summon.
What if summoned person cannot be found?
When the person summoned cannot be found, the summons may be served by leaving one of the duplicates for the person with some adult member of the family residing with him, and the person with whom the summon is left, shall sign a receipt on the back of the duplicate.
NOTE – A servant is not a member of the family.
What if a person does not respond to the summons?
- While a summons is an invitation for a person to appear in court, it is not an order. If the person does not wish to go to court and simply does not appear or answer the complaint, the judge can decide the case without him or her there.
- There are 2 types of summons firstly, normal summon if the other party is living or carrying on business in the local jurisdiction of court than the summon will be sent through the medium of process server (court employee who is responsible for summoning) he himself deliver the summon and make a report behind the copy of summon which will be considered in the court
- Secondly if the party is living outside the jurisdiction of court then there is a provision of dasti summons (means summon by hand) in which the party himself has to deliver the summon by producing mode of delivery (it can be delivery slip of post office) and by laying evidence of delivery before court
- Sometimes In many cases, this results in a default judgement against the defendant.
What if a Summons is not properly served?
- In an attempt to have another person served but do not follow the rules of the court of Jurisdiction, defendant can come to court and explain to the judge that he or she was not properly served.
- If the defendant is correct, the judge should halt the proceedings as he or she does not have proper jurisdiction over the case.
Types of Summons:
Civil Summons
A civil Summons is a judicial summons given by one private person or entity to another private person or entity to appear in court and respond to a petition filed in court.
A civil summons is a more specific description of a type of court summons.
This type of summons informs the defendant that there is a civil action taken against it and they must show up in court to respond to the allegations.
Typically, a civil action involves a lawsuit claiming damages, compensation for a loss or injury or injunction to force someone to do or not to do something.
Some examples of a civil lawsuit are:
- Breach of contract lawsuits
- Injunction
- Claim for money owned
- Intellectual property infringement
Criminal Summons
A criminal summons is a type of judicial summons notifying someone to appear in a criminal court.
Depending on your jurisdiction, there may be different types of summons a criminal court can issue.
There are different types of summons issued in the context of criminal proceedings, some are issued by police and others by the prosecutor.
For example-
- a citation,
- traffic summons
- notice to appear
These all are different types of summons in law related to a criminal-type of proceedings.
Citation Summons
A citation is a notice to appear before a criminal court for a relatively minor charge.
Typically, a citation is delivered by the police officer directly on the spot.
For example, if someone was not allowed to drink alcohol in the park, they may get a citation of such violation.
The police officers will issue the citation directly to the person spotted drinking in the park.
Traffic summons
A traffic summons is issued by the police for traffic violations.
Traffic laws establish rules intended to protect us and keep us safe on the roads.
Breaking traffic laws in some cases will lead to the issuance of a traffic summons.
For example, if you are caught for reckless driving, driving under the influence of alcohol or drugs, you will receive a traffic summons which in reality is a criminal summons as these violations are often criminal in nature.
A traffic summons may not necessarily be for a severe criminal violation but a violation requiring you to appear in court and respond to the allegations against you.
Some other traffic violations do not lead to the issuance of a traffic summons such as parking tickets.
In these cases, you get a ticket without being called to the court.
Notice to appear
An appearance notice or notice to appear is a type of summons informing you that you must respond to criminal charges.
A notice to appear in some cases is issued before you are formally charged for a crime.
For example, if someone is caught shoplifting, the police will provide the person a notice to appear on the spot.
Later on, the police will present the shoplifting evidence to a prosecutor who will confirm the criminal charges.
In some jurisdictions, a criminal proceeding may proceed by summary conviction, indictable offense or dual offenses.
Criminal summons can be issue in cases like:
- Trespassing
- Armed robbery
- Assault
- Murder
- Driving under the influence of alcohol (DUI)
Administrative Summons
Administrative summons is another type of judicial summons issued by an administrative body authorized in law to handle a specific type of investigation or legal matters.
For example, every jurisdiction will have a tax authority in charge of handling all matters related to taxes.
Your tax authority may have the power to issue a summons for you to appear and provide information related to your taxes.
Administrative summons can be issued by different types of administrative courts such as:
- Tax court
- Immigration court
- Labour courts
- Professional code
Sections of Summons:
Section 61 in The Code of Criminal Procedure, 1973
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 in The Code of Criminal Procedure, 1973
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.
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.
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.
Section 63 in The Code of Criminal Procedure, 1973
Service of summons on corporate bodies and societies. Service of a summons on a corporation may be affected by serving it on the secretary, local manager or other principal officer of the corporation, or by letter sent by registered post, addressed to the chief officer of the corporation in India, in which case the service shall be deemed to have been affected when the letter would arrive in ordinary course of post.
Explanation. – In this section” corporation” means an incorporated company or other body corporate and includes a society registered under the Societies Registration Act, 1860 (21 of 1860).
Section 64 in The Code of Criminal Procedure, 1973
Where the person summoned cannot, by the exercise of due diligence, be found, the summons may be served by leaving one of the duplicates for him with some adult male member of his family residing with him, and the person with whom the summons is so left shall, if so, required by the serving officer, sign a receipt therefor on the back of the other duplicate.
Explanation. – A servant is not a member of the family within the meaning of this section.
Section 65 in The Code of Criminal Procedure, 1973
If service cannot by the exercise of due diligence be affected as provided in section 62, section 63 or section 64, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides; and thereupon the Court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper.
Section 66 in The Code of Criminal Procedure, 1973
Where the person summoned is in the active service of the Government the Court issuing the summons shall ordinarily send it in
duplicate to the head of the office in which such person is employed; and such head shall thereupon cause the summons to be served in the manner provided by section 62, and shall return it to the Court under his signature with the endorsement required by that section.
Such signature shall be evidence of due service.
Section 67 in The Code of Criminal Procedure, 1973
When a Court desires that a summons issued by it shall be served at any place outside its local jurisdiction, it shall ordinarily send such summons in duplicate to a Magistrate within whose local jurisdiction the person summoned resides, or is, to be there served.
Section 68 in The Code of Criminal Procedure, 1973
When a summons issued by a Court is served outside its local jurisdiction, and in any case where the officer who has served a summons is not present at the hearing of the case, an affidavit, purporting to be made before a Magistrate, that such summons has been served, and a duplicate of the summons purporting to be endorsed (in the manner provided by section 62 or section 64) by the person to whom it was delivered or tendered or with whom it was left, shall be admissible in evidence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved.
The affidavit mentioned in this section may be attached to the duplicate of the summons and returned to the Court.
Section 69 in The Code of Criminal Procedure, 1973
Notwithstanding anything contained in the preceding sections of this Chapter, a Court issuing a summons to a witness may, in addition to and simultaneously with the issue of such summons, direct a copy of the summons to be served by registered post addressed to the witness at the place where he ordinarily resides or carries on business or personally works for gain.
When an acknowledgment purporting to be signed by the witness or an endorsement purporting to be made by a postal employee that the witness refused to take delivery of the summons has been received, the Court issuing the summons may declare that the summons has been duly served. B.- Warrant of arrest
Reference
https://www.indiacode.nic.in/handle/123456789/1611?sam_handle=123456789/1362
