Who can issue summons under CRPC?

Essentials of summons Summons should be clear and specific. Further, according to section 61 of the Criminal Procedure Code: Summons shall be in writing. Summons shall be served in duplicate.

When can a special summon be issued?

The State Government may, by notification, specially empower any Magistrate to exercise the powers conferred by Sub-Section (1) in relation to any offence which is compoundable under section 320 or any offence punishable with imprisonment for a term not exceeding three months, or with fine or with both where the …

What is special summons in law?

summons, also called Citation, in law, document issued by a court ordering a specific person to appear at a specific time for some specific purpose. It is issued either directly to the person or to a law officer who must carry out the instructions.

Which section deals with form of summons?

Form of summons. Every summons issued by a Court under this Code shall be in writing, in duplicate, signed by the presiding officer of such Court or by such other officer as the High Court may, from time to time, by rule direct, and shall bear the seal of the Court.

What is summons case under CrPC?

Meaning of summons case: – Summons is a document that orders a person to whom it was sent to appear before the Court and answer the Magistrate on the complaint made against him. It is issued by the Magistrate under Section 204 (1) (a) of Code of criminal procedure code,1973.

When special summons are issued the accused may appear?

If, in the opinion of a Magistrate/ Metropolitan Magistrates taking cognizance of a petty offence, the case may be summarily disposed of under section 260 of Crpc, the Magistrate/ Metropolitan Magistrates shall, except where he is, for reasons to be recorded in, writing, of a contrary opinion, issue summons to the …

WHO issues a writ of summons?

(1) A writ of summons is issued on being sealed by the Registrar.

Who can issue summons in India?

As per Section 62 of the Criminal Procedure Code, the summons shall be served by a police officer or an officer of the Court or any other public servant.

How many summons can be issued?

Only one summon issued is enough to issue bailable warrant of the accused in cheque bounce case , subject to the condition that the summon should b delivered to the accused and it’s report is in file before the date of hearing .

What are the different types of summons?

Types Of Summons: What Are The Different Types of Summons

• Court summons.
• Civil summons.
• Administrative summons.
• Criminal summons. Citation summons. Notice to appear. Traffic summons.
• Summons and complaint.
• Jury summons.

How summons are served under CRPC?

The summons shall, if practicable, 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 summons is so served shall, if so required by the serving officer, sign a receipt therefore on the back of the other duplicate.

What is summons procedure?

A summons is an officially issued document that is released by any Court on an individual or an entity who may be involved in a legal proceeding. A summon is usually served when legal action is taken against an individual, or a person is required to appear before a court as a witness in a proceeding.

What is summons under CrPC?

Summons: (Sections 61 – 69 of CrPC) Chapter VI of the Code of Criminal Procedure deals with the processes to compel appearance of the accused or witness in the court. The Court can compel the person to be present in the Court using summons, warrant of arrest, or proclamation and attachment.

What is Section 376 of the CrPC?

Section 376 of Crpc that shall be No appeal in petty cases, preliminary objection that it is a petty offence . Petty offence or offences that are treated as simple offence. the appeal, if any, ought to have been filed before the Session Court and not before the High Court.

What is the amount of Fine in special summons under Section 206?

(iv) As per the proviso to sub-section (1) of Section 206 of the Code, the amount of fine to be specified in the special summons shall not be more than one thousand rupees.

Can a court issue a summons under Section 61 of IPC?

In Norode Baran Mukherjee v. State of West Bengal, 1976 Cr LJ 370 (Cal-DB) case, the Court observed that Section 61 of this Code deals with forms of summons and nothing to do with the authority of the Court to issue summons.

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