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PROCESS TO COMPEL APPEARANCE [CHAPTER VI]

Before discussing the various methods through which accused or witnesses are compelled to
appear, it is important at the very outset to state Section 204, Cr.P.C.
Section 204 states that
Clause (1) If in the opinion of a Magistrate taking cognizance of an offence there is sufficient
ground for proceeding, and the case appears to bea) a summon case, he shall issue his summons for the attendance of the accused, or
b) a warrant case, he may issue a warrant or, if he thinks fit, a summons, for causing the
accused to be brought or to appear at a certain time before such Magistrate or (if he has no
jurisdiction himself) some other Magistrate having jurisdiction.
Essentials1. Opinion of the Magistrate
2. Sufficient ground for proceeding in a case
3. Cognizance of an offence.
Note- The Magistrate must write down the details relating to the satisfaction on the final
report which has been submitted by the concerned police officials investigating the matter. To
state whether the matters are material or not.
Summons: - Authoritative direction to a person
Q. Who issue summons?
Ans- Court
Essentials of summons
1. Summons shall be in writing.
2. It shall be in duplicate.
3. It shall be signed by presiding officer of Court issuing the summons or by such officer
as the High Court may, from time to time, by rule direct.
4. It shall bear the seal of the court.1

1 Section 61 of Cr.P.C
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PROCESS TO COMPEL APPEARANCE [CHAPTER VI]


Service of Summons2
Q. Who shall serve the summons?
Ans- Police or such other officer as the State government may make in this behalf or other
public servant.
Q. How the summons shall be served?
Ans- Served personally on the person summoned along with one duplicate
Q.3. What is the necessary requirement after receiving the summons?
Ans- Person receiving the summons must sign a receipt on the back of the other duplicate.
Q.4 How to serve summons on corporate bodies and societies?3
Ans- To serve the summons on
a.
b.
c.
d.

Secretary
Local manager
Other principal officer of the corporation
Letter sent by registered post addressed to the chief officer of the corporation.

Q.5 What if the person on whom summons has been issued cannot be found?4
Essentialsa.
b.
c.
d.

Exercise of due diligence in serving the summons


To serve the summons on some adult male member of his family in duplicate
Sign the receipt on the back of other duplicate.
Servant is not a member of the family.

Q.6 What if the service of summons cannot be effected even after applying the above
procedure?
2 Section 62 of CrPC
3 Section 63 of Cr.PC
4 Section 64 of CrPC
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PROCESS TO COMPEL APPEARANCE [CHAPTER VI]


Ans- The serving officer shall affix one of the duplicates of the summons to some
conspicuous part of the house
Q.7 How to serve summons