Sign Up Login

Home / Legal Articles / Employment Criminal And Labour / Summons

 ☰

Summons

17
Shares

A summon is a court order to an individual to appear in court at a specified time and place. A
summon may be issued in both criminal and in civil cases.
 
HOW IS A SUMMON SERVED

1. Every summon shall be served by a police o cer, or by an o cer of the court issuing it or
any other public servant.

2. The summon shall if practical, be served personally on the person summoned, by

delivering or tendering to him one of the duplicates of the summons.

3. Every person on whom a summon is served shall sign a receipt on the back of the other
duplicate.

SERVICE WHEN PERSONS SUMMONED CANNOT BE FOUND

 
Where the persons summoned cannot be found, the summons may be served by leaving one of the
duplicates for the person with some adult male member of the family residing with him, and the
person with whom the summon is left, shall sign a receipt on the back of the duplicate.
 
A servant is not a member of the family.
 
SUMMONS MAY BE SERVED BY POST TO A WITNESS
 
A court issuing summons to a witness may simultaneously direct a copy of the summons to be
served by registered post addressed to the witness. When an acknowledgment purporting to be
signed by the witness or an endorsement is made by the postal employee that the witness refused to
take delivery of the summons has been received, the Court issuing the summons may declare that the
summons has been duly served.
 
In case the service of summons is evaded the court may issue bailable or non-bailable warrants.
 
PROCLAMATION FOR PERSON ABSCONDING
 
If any court has reason to believe that any person against whom a warrant has been issued has
absconded or is concealing himself so that such warrant cannot be executed, such court may publish
a written proclamation requiring him to appear at a specified place and time within 30 days of
publishing such proclamation.
 
The proclamation shall be published as follows:-

1. It shall be publicly read in some conspicuous place of the town or village in which such
person ordinarily resides;

2. It shall be a xed in some conspicuous part of the house or homestead in which such   Have a Legal Matter
person ordinarily resides or to some conspicuous place of such town or village; Need a Lawyer
 3. A copy thereof shall be a xed to some conspicuous part of the court house;
 ☰
4. The court may also, if it thinks t, direct a copy of the proclamation to be published in a
daily newspaper circulating in the place in which person resides.

ATTACHMENT OF PROPERTY OF PERSON ABSCONDING

The Court issuing a proclamation may, at any time after the issue of the proclamation, order the
attachment of any property, movable or immovable or both, belonging to the proclaimed person:
 
Provided where at the time of issue of the proclamation the Court is satisfied that the person in
relation to whom the proclamation is to be issued–

1. is about to dispose of the whole or any part of his property, or

2. is about to remove the whole or any part of his property from the local jurisdiction of the
Court,

it may order the attachment simultaneously with the issue of the proclamation.
 
YOUR DUTIES

1. To accept the summons and sign the duplicate if required.

2. To treat the o cer serving the summon with respect.

3. To appear on the date mentioned in the summons or engage a lawyer to appear on your
behalf.

N/A

17
Shares

Related Articles

Gratuity New Pension System Plea bargaining in Anticipatory Bail Arrest

GRATUITYGratuity is that
part of the salary of an
Employee which he
receives from his/her
employer in gratitude for
the services o ered to the
employer’s company.
← →
It is one of the retirement
bene ts given by the
employer to the e...
INTRODUCTIONPension
can be rightly termed as a
nancial security during
old age, when there is no
direct source of income. It
is a kind of retirement
plan to maintain the same
kind of nancial stability
as a person has while
he/she ...
India
Anticipatory bail is a A perso
The Doctrine of Nolo direction to release a for com
Contendere or Plea person on bail, issued o ence
Bargaining has been even before the person is liberty a
introduced by Criminal arrested.   WHEN CAN A constitu
Law Amendment Act, PERSON APPLY   When any safegua
2005. A new Chapter XXI A person apprehends that procedu
on Plea Bargaining was there is a move to get him by the P
introduced in the Criminal arrested on false or trump WITHOU
Procedure Code, 1973. up charges, or du... police o
The term Plea Bargaining an or...
can be de...

India cities: New Delhi / Mumbai / Bangalore / Ahmedabad / Pune / Hyderabad / Chennai / Goa / Kolkata / View All Cities

  Have a Legal Matter

Find Your Lawyer & Law firm worldwide: USA / UK / UAE / Australia / Canada / Kuwait / Germany / Hong Kong / Malaysia /
Need a Lawyer
 Singapore / View All Cities

 ☰
ABOUT HELPLINE LAW  
DISCLAIMER
About Us
This web site is designed for general
Contact Us information only. The information presented
Sitemap at this site should not be construed to be
formal legal advice nor the formation of a
lawyer/client relationship. Persons accessing
this site are encouraged to seek independent
counsel for advice in India abroad regarding
their individual legal, civil criminal issues or
consult one of the experts online.

© 2000-2021, Helplinelaw.com Terms of Use

  Have a Legal Matter

Need a Lawyer