According to Black’s Law Dictionary, “summons used to notify the defendant, that an action has been instituted against him, and that he is required to answer to it, at a time and place named”.
Form of Summons
Section 68 (1) of Criminal Procedure Code tells about the form of Summons;
Every summons issued by the court shall be;
- In writing
- Signed and sealed by the presiding officer of court or other person directed by High Court.
Summon by who served
Section 68 (2) says that, such summons shall be served by;
- Police officer
- Officer of the court
- Public servant
- Complainant or accused to his own witnesses upon his application to the court
Summon How Served
Section 69 (1) of Cr.P.C. tell us about the method and procedure of serving summons
- Served personally on the person summoned by delivering or tendering to him one of the duplicate of summons, if practicable, such person shall sign a receipt on the back of other duplicate summons.
- Service of an incorporated company or other body corporate
- Service on govt. employee, or a servant of state
- Substituted service or service when person summoned cannot be found
- In such case summons must be served to adult male member of his family with his sign on duplicate
Procedure when service cannot be affected
- The serving officer shall affix one of the duplicates of summons to some conspicuous part of the house of homestead of person where he ordinary resides.
- Service of summons outside the local limits; in such case summons send to the concerned magistrate