summons
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
- Central Vigilance Commission, parliamentary committees and commissions of inquiry (Administrative Law)
- Lok Adalats and Permanent Lok Adalats (Alternative Dispute Resolution Systems)
- Principal steps in arbitration and interim measures (Alternative Dispute Resolution Systems)
- Penal provisions for dishonour of cheques (ss.138-148) and the Bankers' Books Evidence Act, 1891 (Banking Law)
- Default and recovery: Debts Recovery Tribunals and the SARFAESI Act (Banking Law)
- Criminal procedure: meaning, background and salient features of the BNSS (Bharatiya Nagarik Suraksha Sanhita)