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Court summons Sec 61 to 69 CrPC accused & witness classes in Telugu
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Court summons Sec 61 to 69 CrPC in Telugu
Cr.P.C. provides altogether five methods for bring the accused before the court.
Method-1:
By issuing a summon:- Summons are issued by the court of law against the accused when he is involved in a summon case.
Summons can be issued by the court of law at its discretion against the accused, even though he is accused of a warrant case.
Summons (Secs.61 to 68)
Sec.61-Form of summon :
The proforma of the summons can be found in Form No.1 of the 2nd Schedule.
The summons are an official call given by the court to the accused to appear before it on a specific date. Time at a particular place to answer the pending allegations against him. The summons should be in writing.
The summons will be issued in duplicate form.
it has to be signed by the presiding officer of the court.
Otherwise, any other person appointed for that purpose by the High Court has to sign.
The summons carries the seal of the court.
Sec.62- Summon how served :
A summon has to be served by the police officer or any other person appointed by the court.
It can be served in the absence of the police officer by any other officer of the court or any other public servant.
If possible summon has to be served in person.
Personal service is preferred under Cr.P.C. wherever possible.
The person receiving the copy of summon shall acknowledge the receipt of summon if insisted upon by the serving officer.
Sec. 63-Service of summon on corporate bodies and societies :
Sometimes a corporate body or a Rega. Society may be involved in the commission of an offence. In such circumstances, the court may send the summon by Regd. Post to be served on that corporation or society.
As the corporation or society is only the legal person, not a natural person, summon has to be served in the name of either a CEO or GM or Local Manager or Company Secretary.
As per the explanation, a corporation means an incorporated company and includes a society registered under the Societies Registration Act. 1860.
Sec.64-Service when person can not be found :
Summons issued by the court to be served on the accused person.
If the accused is not found, summon can be served on any male member of the house. That male member has to acknowledge the receipt of summon.
When the accused is not found in the place, summon should be served only on the male member, not on female member of house.
As per the explanation a servart is not considered male member of the house.
Sec.65 Procedure when service can not be effected as before provided :
If the serving officer does not find the accused and his place is found locked, how a summon has to be served is explained under this section.
If the house of the accused is found locked, the serving officer has to affix a copy of the summon on the conspicuous part of the house.
Then the serving officer has to call the neighbor of the accused and show him the affixed copy of the summon and take his acknowledgment on the other copy.
Sec.66-Service on Govt. Servant :.
Whenever a Govt. servant is the accused person, court got the power to issue summon against him.
But the serving officer should not enter directly into the office of the accused employee, instead he has to meet the head of the department, where the accused employee works and hand him over a copy of the summon asking him to serve the same on the accused employee.
Then the Head of the Department has to acknowledge the receipt of summon and serve other copy given to him by the serving officer on the accused employee.
Sec.67-Service of summon out side local limits :
When the court is required to serve summon on an accused residing outside it's jurisdiction, it will send the copies of summon to the court of other jurisdiction, where the accused is said to be residing.
That court of the other jurisdiction after receiving the copies of summons must hand in over to the local police officer asking him to serve it on the accused.
That police officer identifies the accused and serves a copy of the summons on him and on the other copy obtains the acknowledgment of receipt of summons.
That the other copy on which acknowledgment is given by the accused is sent back to the court which issued it.
Sec.68 Proof of service in such cases and when serving officer not present :
When summons is served outsice jurisdiction, the serving officer has to submit a report explaining as to how he served the summon on the accused.
He must send that report along with the other copy of the summon to the court which ordered him to serve the summon.
When the question of service of summon arises before the court, which issued the summons, the report submitted by the serving officer is considered proof of service. The serving officer need not appear in person to explain the service.
Sec.69-Service of summon to witness by post
Cr.P.C. provides altogether five methods for bring the accused before the court.
Method-1:
By issuing a summon:- Summons are issued by the court of law against the accused when he is involved in a summon case.
Summons can be issued by the court of law at its discretion against the accused, even though he is accused of a warrant case.
Summons (Secs.61 to 68)
Sec.61-Form of summon :
The proforma of the summons can be found in Form No.1 of the 2nd Schedule.
The summons are an official call given by the court to the accused to appear before it on a specific date. Time at a particular place to answer the pending allegations against him. The summons should be in writing.
The summons will be issued in duplicate form.
it has to be signed by the presiding officer of the court.
Otherwise, any other person appointed for that purpose by the High Court has to sign.
The summons carries the seal of the court.
Sec.62- Summon how served :
A summon has to be served by the police officer or any other person appointed by the court.
It can be served in the absence of the police officer by any other officer of the court or any other public servant.
If possible summon has to be served in person.
Personal service is preferred under Cr.P.C. wherever possible.
The person receiving the copy of summon shall acknowledge the receipt of summon if insisted upon by the serving officer.
Sec. 63-Service of summon on corporate bodies and societies :
Sometimes a corporate body or a Rega. Society may be involved in the commission of an offence. In such circumstances, the court may send the summon by Regd. Post to be served on that corporation or society.
As the corporation or society is only the legal person, not a natural person, summon has to be served in the name of either a CEO or GM or Local Manager or Company Secretary.
As per the explanation, a corporation means an incorporated company and includes a society registered under the Societies Registration Act. 1860.
Sec.64-Service when person can not be found :
Summons issued by the court to be served on the accused person.
If the accused is not found, summon can be served on any male member of the house. That male member has to acknowledge the receipt of summon.
When the accused is not found in the place, summon should be served only on the male member, not on female member of house.
As per the explanation a servart is not considered male member of the house.
Sec.65 Procedure when service can not be effected as before provided :
If the serving officer does not find the accused and his place is found locked, how a summon has to be served is explained under this section.
If the house of the accused is found locked, the serving officer has to affix a copy of the summon on the conspicuous part of the house.
Then the serving officer has to call the neighbor of the accused and show him the affixed copy of the summon and take his acknowledgment on the other copy.
Sec.66-Service on Govt. Servant :.
Whenever a Govt. servant is the accused person, court got the power to issue summon against him.
But the serving officer should not enter directly into the office of the accused employee, instead he has to meet the head of the department, where the accused employee works and hand him over a copy of the summon asking him to serve the same on the accused employee.
Then the Head of the Department has to acknowledge the receipt of summon and serve other copy given to him by the serving officer on the accused employee.
Sec.67-Service of summon out side local limits :
When the court is required to serve summon on an accused residing outside it's jurisdiction, it will send the copies of summon to the court of other jurisdiction, where the accused is said to be residing.
That court of the other jurisdiction after receiving the copies of summons must hand in over to the local police officer asking him to serve it on the accused.
That police officer identifies the accused and serves a copy of the summons on him and on the other copy obtains the acknowledgment of receipt of summons.
That the other copy on which acknowledgment is given by the accused is sent back to the court which issued it.
Sec.68 Proof of service in such cases and when serving officer not present :
When summons is served outsice jurisdiction, the serving officer has to submit a report explaining as to how he served the summon on the accused.
He must send that report along with the other copy of the summon to the court which ordered him to serve the summon.
When the question of service of summon arises before the court, which issued the summons, the report submitted by the serving officer is considered proof of service. The serving officer need not appear in person to explain the service.
Sec.69-Service of summon to witness by post
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