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summons

English · Courts and procedure

Meaning. A court's written order requiring a person to appear, or to produce a document, on a given date.

In civil cases, the court issues summons to the defendant to appear and answer the claim (Section 27 and Order V, CPC); the defendant must then file a written statement within the time allowed. Summons can also issue to witnesses (Order XVI).

In criminal cases, a summons is used to secure the attendance of an accused or witness without arrest; it is the normal process in summons cases, while a warrant directs the police to arrest and produce the person. The BNSS allows summons to be served electronically as well as personally.

Example

Since the offence was a summons case, the Magistrate issued a summons rather than a warrant to secure the accused's attendance.

In Indian law

  • Section 27 and Order V, Code of Civil Procedure, 1908
  • Section 63, Bharatiya Nagarik Suraksha Sanhita, 2023 (old s.61 CrPC): form of summons

See also

warrant · written statement · ex parte

Read more in the study notes

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