Professional Documents
Culture Documents
Summons and Warrants
Summons and Warrants
Summons and Warrants
Summons
A summon is a document issued either for the appearance or for producing a document or an item
which may be issued to an accused person or witness. Section 61 of the Criminal Procedure Court
states that every summons issued by the Court shall be in writing, in duplicate along with the
signature of the Presiding Officer of such Court or by such an officer as is authorised by the High
Court and shall bear the seal of the High Court. The summons should be specific and clear in its
terms regarding information such as the title of the Court, the place at which, the day and time of
the day when the attendance of the person summoned are required.
As per Section 62 of the Criminal Procedure Code, the summons shall be served by a police officer or
an officer of the Court or any other public servant. In case the service cannot be bought into effect
by the exercise of due diligence, the serving officer can perform a substituted service by affixing one
of the duplicates of the summons to some conspicuous part of the residence of the summoned
individual, and thereupon the Court, after making such enquiries as it seems fit may either declare
that the summons has been duly served or issue a fresh service, as it considers proper as stated in
Section 65 of the Code.
Warrant and summon
Summons- CRPC
The service of a summon on a corporation may in effect by serving it on specific individuals who are
a part of the corporation. This includes the secretary, the local manager or any other principal officer
of the corporation. A summon may be in the form of a letter sent by registered post and addressed
to the respective Chief Officer of the Corporation in the country. In this case, the service of a
summon shall be deemed to be in effect when the letter arrives in the ordinary course of the postal
service.
Generally, the meaning of the word ‘corporate’ in this Section of the Criminal Procedure Code means
an incorporated company or any other corporate body. This also includes a society that is registered
under the Societies Registration Act of 1860. Therefore, societies may not be a body that is formally
incorporated although, in Section 63, it is mentioned that societies fall within the scope of this law.
When a postal service is used to deliver summons, it may fail to affect the service of summons as
stated in Section 62. However, Section 64 provides the extended service that can be secured by
leaving a copy or a duplicate of the summon with an adult male member of the person’s family who
resides in the same residence. It should be ensured that the receiver is asked to sign the receipt for
receiving the summon. Section 64 mentions that non-family members(such as a servant) are not to
accept a summon.
When a Government Servant is to be summoned, the duplicate copy of the order/ summon shall be
sent to the Head of the Department in the office of the employee by the Court. According to Section
62, the Head is required to serve the summons in the manner provided in the Section and ensure to
return the same to the Court with his signature with the endorsement. The signature of the Head
shall be used as evidence of due service as stated in Section 66.
Warrant of Arrest
Section 70 of the Criminal Procedure Code states the aspects of a warrant of an arrest. Every
warrant of arrest that is issued by a Court under this Section has to be in writing and signed by the
presiding officer of the respective Court. The warrant should also bear the seal of the same Court
that issued the warrant. A warrant of an arrest shall remain in force unless it is cancelled by the
respective Court that published it in the first place, or until it is executed. Form No. 2 of the Second
Schedule shows the form of a warrant of arrest. The following are the requirements that are to
checked off to issue a legal order of arrest.
2. The warrant must state the name and the designation of the individual who is to execute the
order.
3. The warrant must give the full name and the description of the person who is to be arrested.
The warrant of arrest is generally issued for the protection of an individual before the concerned
Court and not for the police officer. Under Section 76 of the Code, a police officer or another person
in power to execute a warrant of arrest shall bring the individual arrested before the Court. The
arrest is subject to the provisions of Section 71 that talks about security. The arrested individual
must be brought before the Court without any unnecessary delay. If delayed, it should be ensured
that the delay shall not, in any case, exceed 24 hours excluding the time required to get from the
place of arrest to the Magistrate’s Court.
Warrant and summon
The Criminal Procedure Code offers two remedies when a warrant remains unexecuted. They are as
follows:
The Magistrate must record the valid evidence that indicates that the accused has absconded or has
concealed himself while issuing a proclamation. The purpose of attaching property is not to punish
the accused, but to compel the individual to appear to execute the order.
A search warrant can be issued in any of the following situations according to Section 93.
1. In a case where a Court has a reason to believe that an individual summoned to produce any
item or document is unwilling to deliver it.
Although, a search warrant shall not be issued for searching a document, parcel or any other item in
the custody of the authorities of the postal or telegraph service unless ordered by a respective
District Magistrate or a Chief Judicial Magistrate. A search warrant would also not be issued if it
affects Section 123 and Section 124 of the Indian Evidence Act of 1872 or the Bankers’ Book
Evidence Act of 1891.
Warrant and summon
According to the context of Section 97 of the Criminal Procedure Code, any District Magistrate, Sub-
Divisional Magistrate or Magistrate of the First Class who may have reasons to believe that any
individual, who is confined under such situations that the confinement turns to be an offence, may
issue a warrant to search for the person that may be restricted. If the person is found, he shall be
immediately produced before the Magistrate for further purposes.
When a Court of Session or a Court of a Magistrate of the First Class finds a person guilty of any of
the offences specified in Sub-section (2) or of abetting any of the mentioned offences and has an
opinion that it is necessary to take a form of security from such an individual for keeping the peace,
the Court may, at the time of declaring a sentence on such a person, order him to execute a bond,
with or without sureties, for keeping the period with peace that does not exceed three years, as it
thinks fit.
1. An offence that is punishable under Chapter VIII of the Indian Penal Code 1860.
2. An offence which comprises of or includes assault or the use of criminal force or committing
mischief.
4. An offence which causes or was intended to likely to cause a breach of the peace.
However, if a conviction is set-aside on an appeal or otherwise, the bond executed shall become
void as stated in Section 106 of the Criminal Procedure Code.
Warrant and summon
An Executive Magistrate may require an individual to show cause as to why he should not be
ordered to issue a bond for keeping the peace for a period that does not exceed one year as the
Magistrate deems fit. This happens when the Executive Magistrate receives information that the
individual is likely to commit one of the following.
Warrant and summon