Meaning of summons
Meaning of summons:- It is the simple form of process which is issued by the court for enforcing the attendance of persons or any document on specified time given in summons.
The things which should consider in case of summons are:
- It should be clear and specified,
- It must be attested the seal of the court
- There must be the name and address of the person summoned
- There must be the date, time and place given in the summon when the person summoned is required to present in the court
- Summon must contain the nature of the offence committed.
The summons which is not bear all these things are invalid.
The objects of the summons are to:
- Providing the information to the defendant that a suit has been instituted against him.
- For the principle of natural justice
- The court may direct the defendant to file the written statement in his defence
Defendant to appear
On the date, which is given under the summons, the defendant has to appear in the court:
- By the advocate who is able to answer all material question relating to the suit
- By the advocate of pleader with the person who is able to give the answer all such questions.
Types of summons
There are mainly three types of summons given under the law. So, let’s discuss each one of them:
These are the judicial type of summons which is given under the civil case to appear in the court and respond to the plaint filed by the plaintiff. This is to inform the defendant that a civil suit has been instituted against him.
These types of summons are sent to the person to appear in the criminal court in the criminal case.
There can be different types of summons which came be served in criminal cases like, a notice to appear in the court, traffic summons, to present the document in the court, etc.,
These types of summons are sent by the administrative body which is authorised by law. For example, summons under arbitration, summons by tax authority etc.
Summons how served?
Section 62 of the Code of Criminal procedure, 1973 deals with the service of summons. It shall be served by the police officer, by an officer of the court or by the public servant.
The section also provides that it should be served to the person summoned personally by giving him the duplicate copy and taking his signs on the back of the original summons.
Service to the agent of the person
Where the suit is related to the company or any other business and the person is not reside within the local limits of the court from which the summons to the person is to be served, the service may be made on his agent or manager of the company.
Service in the case when the person summoned cannot be found
Section 64 says that if the person to whom the summoned is to be served cannot be found, the summons shall be served by giving the duplicate copy to any adult male member of his family residing with him. The sign will be taken by that male on the back of the original copy.
It is to be noted that any servant of the family will not be considered as a family member within the meaning of this section.
When service cannot be affected
Where the person summoned cannot be found and section 64 fails to serve, then the serving officer shall affix the duplicate copy on the conspicuous place of the house of the person summoned where he ordinarily resides. After the affixing of the copy by serving officer, he will give the report to the court and it will be declared by the court that the summons has been duly served.
Substituted service of summons
Where the court is satisfied that:
- The defendant knowingly avoids the service
- The reason that summons cannot be served in ordinary ways
The court shall order to do the service of summoning by affixing the copy in the conspicuous place in the court, and in the house of the person.
Meaning of summons
The court can also order to publish it in the local newspapers or any other manner as the court may think fit. By all these steps it will believe that the service of summons has been taken place.
Service on the defendant in prison
Where the person to whom the [summons] is to be served is in the prison, the summon will be served to the officer in charge of the prison.
Service where the person resides out of India
Where the person resides outside of India and has no agent in India, the summon shall be sent to the person through the post where he is residing, if there is the postal communication between India and that country.
Service of summons for Public officer
In the case of a public official, the [summons] shall be served to the head of that office in which he is employed.
The summons will be served to his commanding officer with a copy of the Summons.