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Summon

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 ?
  • Every summon shall be served by a police officer, or by an officer of the court issuing it or any other public servant.
  • 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.
  • 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 Foun

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.

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