PROCESS TO COMPEL APPEARANCE OF THE PERSON -
The Chapter VI of the code of criminal procedure deals with the PROCESS TO COMPEL APPEARANCE. It in total consists of 30 sections from section 61 to section 90 of the CrPC.
From section 61 to 69 it deals with summons.
From section 70- section 81 it deals with warrant of arrest.
From section 82- 90, it deals with the proclamation and the attachment.
SUMMONS (SECTION 61 – SECTION 69.)
The word summon has not been defined in the code of criminal procedure. In general the word Summon means an order to appear before a judge or a magistrate or the wrAPPEARANCEit containing such an order. It is an order issued by the court for the compelling a person, not a request, on a particular date and a particular time.
1. It is issued to the accused To answer for the offence he has committed.
2. To a person to show cause against the same order.
3. To witness to give evidence.
SECTION 61 - FORMS OF SUMMON
It basically contains the structure of summon or what it should contain. It states every summons issued by under this code shall be in:-
2. In duplicate
3. 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
4. Shall bear the seal of the court.
Schedule 2 of the CrPC has as many as 56 summons forms which can be issued.
SECTION 62 - SUMMONS HOW SERVED
There are 6 important sections showing the serving of the summon starting from section 62 to 67.
1. WHO- A summon can be served by the police officer, by an officer of the court or other public servant.
2. It is served personally by delivering or tendering to him one of the duplicates of the summon.
3. ACKNOWLEDGEMENT- if it is required by the serving officer, a receipt signature can be asked on the backside of the duplicate paper from the person to whom the summon is issued.
SECTION 63- SERVICE OF SUMMONS ON CORPORATE BODIES AND SOCIETIES.
1. The Secretary, local manager, or other principal officer of the corporation.
2. By the letter sent by the registered post, addressed to the chief officer of the corporation in India.
3. The word ‘corporation’ means an incorporated company or other corporate body or the societies registered under the societies registration act,1860(21 of 1860)
SECTION 64- SERVICE WHEN PERSON SUMMONED CANNOT BE FOUND
When the person summoned cannot be found, then this section comes to play.
1. Even after due diligence to find the person and failed to find hi.
2. It can be done by an alternative and extended service by leaving one of the duplicates for him with some adult male members of the family, residing with him.
3. If required by the officer an acknowledgement by receipt signature on the backside of the duplicate paper from the person to whom summon is left.
4. It does not include a servant as they are not members of the family within the meaning of this section.
SECTION 65- PROCEDURE WHEN SERVICE CANNOT BE AFFECTED AS BEFORE PROVIDED.
When the by the above-mentioned criteria the serving officer even after exercising due diligence fails to find the person to who summons has been served then he can:-
1. By affixing one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summons ordinarily resides.
2. The court may further declare that summons has been duly served or order fresh service in such a manner as it considers proper.
SECTION 66- SERVICE ON GOVERNMENT SERVICE
1. When the person summoned is in the active service of the government.
2. It is sent in duplicate to the head of the office in which such a person is employed.
3. The same procedure is followed as provided in section 62.
4. The acknowledgement for the court is the returned endorsement with the signatures as required by this section.
5. Such a signature would be working as evidence of due service.
SECTION 67- SERVICE OF SUMMONS OUTSIDE LOCAL LIMITS.
When a person needs to be summoned is not within the local limits of such magistrate by whom the summons is to be sent. In so case it can be;
1. The court desire ( From one magistrate to the other magistrate within whose limit the person is there) that a summons issued by it shall be served at any place outside its local jurisdiction.
2. It shall ordinarily send summons in duplicate to a magistrate within whose local jurisdiction to the person summoned resides, or is, to be there served.
SECTION 68 – PROFF OF SERVICE IN SUCH CASES AND WHEN SERVING OFFICER NOT PRESENTS.
1. It is done by the serving officer.
2. When the summons is being served as per section 62 or 64.
3. It is done by an affidavit followed by the duplicate copy with the signatures.
4. The exception within this section is the statement made therein shall be deemed to be correct unless and until the contrary is proved.
5. The affidavit mentioned in the section may be attached to the duplicate of the summons and returned to the court.
SECTION 69- SERVICE OF SUMMON ON WITNESS BY POST.
Even after so much effort from section 62 to section 68 if it is unable to send the summons to the person summoned, it can be sent by post to the concerned person.
1. A court may in addition to and simultaneously with the issues of such summons, direct a copy of the summon 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.
2. If the person refuses to accept the summon delivery the court issuing the summon may declare that the summons has been duly served.