2. Summons
A document issued from the office of
a court of justice calling upon the
person to whom it is directed to
attend before a judge or officer of the
court
3. Purpose
Summons is an authoritative call to
appear in the court of law
Attendance of the accused
To a witness to record his statement
For production of document or person
4. Contents of Summons
Title of the case
Place of sitting
Date of appearance
Timings of the court
Case no #
5. Form of Summon u/s 68(1) of
Crpc
Issued by court
In writing
In duplicate
Signed and sealed by
By presiding officer of such court or
By any such other officer as the high
court may direct from time to time
6. By whom served u/s 68(2)
By police officer
By any officer of court subject to the
rules prescribed by provincial
government or
Other public servant
Provided the court may at the request
of complainant or the accused allow
him to serve the summons on his own
witnesses
7. Service of summons
General rule as to service of the
summons is that the summons would
be handed personally to the person
Exceptions
Substituted service u/s 70
Service by affixture u/s 71
Court to court service u/s 73
8. Substituted Service u/s 70
The person summoned is not found
after the due diligence
There must be more than one attempt
The duplicate of summons must be
left with some adult male members of
the family
Person so receiving summons must
sign receipt on the back of the
duplicate in token of
acknowledgement
9. Service by Affixture-procedure
when service cannot be affected
u/s 71
Cannot be affected by due diligence
The serving officer shall affix one of
the duplicates of the summons
To some conspicuous part of the
house or
the homestead in which the person
summoned ordinarily resides
10. Court to court service-outside
local limits u/s 73
If a person sought to be summoned
Resides outside the local limits of the
jurisdiction of the court issuing the
summons
It should send such summons in
duplicate
To a magistrate
Within the local limits of whose
jurisdiction such person resides
11. Proof of service of summons u/s
74
Affidavit proof of summons being
served
Made before magistrate
Endorsed
Admissibility in evidence