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Untitled Notebook

A summons is a legal document that compels an individual to appear in court or provide evidence, particularly important in medico-legal cases. It is governed by Sections 61 to 69 of the Cr.P.C., detailing issuance, service, and obligations of witnesses. Non-compliance can lead to penalties, including fines or imprisonment, with priority given to criminal courts over civil ones.

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48 views3 pages

Untitled Notebook

A summons is a legal document that compels an individual to appear in court or provide evidence, particularly important in medico-legal cases. It is governed by Sections 61 to 69 of the Cr.P.C., detailing issuance, service, and obligations of witnesses. Non-compliance can lead to penalties, including fines or imprisonment, with priority given to criminal courts over civil ones.

Uploaded by

INFINITY GT
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We take content rights seriously. If you suspect this is your content, claim it here.
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Summons

- j
Summons

A summons is a formal legal document issued by a court or legal authority, compelling an


individual to appear in court or provide evidence in a legal case. In forensic medicine,
summonses are critical as they ensure the participation of medical experts, doctors, or other
relevant individuals in judicial proceedings, particularly in cases involving medico-legal
issues.

book
important points in
Sections 61 to 69 of the Cr.P.C. deal with summons, a formal document issued by a court
to compel a person’s attendance for giving evidence or producing documents.

A subpoena (Latin: sub = under, poena = penalty) is a court order requiring:


1. Attendance of a witness on a speci ed day, time, and place to testify.
2. Production of documents or items under the person’s control (subpoena duces tecum).

key features
Key Features
1. Issuance (S.61, Cr.P.C.):
• The subpoena is issued in writing, signed by the court’s presiding of cer, and bears the
court seal.
• It mentions the crime number and the accused’s name.
2. Service (S.62, Cr.P.C.):
• Delivered by a police of cer, court of cer, or public servant.
• Witness must sign a receipt on the duplicate copy.
• Alternative methods: registered post or af xing the summons to a conspicuous part of the
witness’s residence.
3. Government Employees (S.66, Cr.P.C.):
• Summons are sent to the head of the of ce where the witness is employed.
• The head ensures service and returns the acknowledgment to the court.
4. Obligations of the Witness (S.91, Cr.P.C.):
• A summons must be obeyed, and documents, if requested, must be produced.
• Valid reasons can excuse the witness’s absence.
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Failure to comply :
1. Civil Cases: Witness may be liable to pay damages.
2. Criminal Cases:
• The court may issue notice under S.350 Cr.P.C.
• Penalties for neglecting to attend without justi cation:
• Fines or imprisonment.
• Bailable or non-bailable warrants may be issued to secure attendance (S.87, Cr.P.C.).
• Intentional non-attendance: punishable under S.174 I.P.C. (up to six months imprisonment,
ne up to ₹1,000, or both).

courte :
Priority
Priority of Courts
of
1. Criminal vs. Civil Courts: Criminal courts take precedence.
2. Higher vs. Lower Courts: Higher courts have priority.
3. Two Courts of Equal Status: Attend the court from which the summons was received
rst, notifying the other.
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