I often get panic calls from some of the clients that
they have received a summon from the court. Any order or any notice from the
court or police often generates a fear in the mind of a layman. So here I am
dealing with the issues concerning summons, what do they mean, what is done
when a person on whom a summons has to be served is not found and what are the
duties of a person on whom the summons are served . For the sake of brevity I would
be covering the different topics under different heads
What is a 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 Found
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.
Proclamation For Person Absconding
If any court has reason
to believe that any person against whom a warrant has been issued has absconded
or is concealing himself so that such warrant cannot be executed, such court
may publish a written proclamation requiring him to appear at a
specified place and time within 30 days of publishing such proclamation.
The proclamation shall
be published as follows:-
- It shall be publicly read in some conspicuous place of
the town or village in which such person ordinarily resides;
- It shall be affixed in some conspicuous part of the
house or homestead in which such person ordinarily resides or to some
conspicuous place of such town or village;
- A copy thereof shall be affixed to some conspicuous part
of the court house;
- The court may also, if it thinks fit, direct a copy of
the proclamation to be published in a daily newspaper
circulating in the place in which person resides.
Attachment Of Property Of Person Absconding
The Court issuing a proclamation may,
at any time after the issue of the proclamation, order the attachment of
any property, movable or immovable or both, belonging to the proclaimed person:
Provided where at the
time of issue of the proclamation the Court is satisfied that the
person in relation to whom the proclamation is to be issued –
- is about to dispose of the whole or any part of his
property, or
- is about to remove the whole or any part of his
property from the local jurisdiction of the Court
It may order the attachment simultaneously
with the issue of the proclamation.
Your Duties
- To accept the summons and sign the duplicate if
required.
- To treat the officer serving the summon with respect.
- To appear on the date mentioned in the summons or engage a lawyer to appear on your behalf.
The author is a practicing lawyer and can be contacted at lawyer.soniasaini@gmail.com or 9873658554.
