Date:-21/04/2024 Retrieved Rubrics -SUMMON ------------------------- Retrieved Rubrics - from : SELECTED LEGISLATION ------------------------------------------------ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... court, means a person authorized by or under any law for the time being in force, to practice in such court, and includes any other appointed with the permission of the court to act in such proceeding. (r) "police report" means a report forwarded by a police officer to a magistrate under sub-section (2) of section 173; (s) "Police report" means any post or place declared generally or specially by the state government, to be a police station, and includes any local area specified by the state government in this behalf; (t) "prescribed" means prescribed by rules made under this code; (u) "public prosecutor" means any person appointed under section 24, and includes any person acting under the directions of a public prosecutor. (v) "sub-division" means a sub-division of a district; (w) "summons-case" means relating to an offence, and not being a warrant-case; 2[(wa) "victim" means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression "victim" includes his or her guardian or legal their;] (x) "warrant-case" means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years; (y) words and expressions used herein and not defined but defined in the Indian penal code (45 of 1860) have the meanings respectively assigned to them in that code. COMMENTS (i) there is no particular format for a complaint. Nomenclature is also inconsequential. A petition addressed to the Magistrate containing an allegation that an offence has been committed, and ending with a prayer that the culprits be suitably dealt with, is a complaint; Mohd. Yousuf v. Afaq Jahan ; (2006) 1 SCC 627. ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... of their respective stations, whether such persons have been admitted to bail or otherwise. 59. Discharge of person apprehended. No person who has been arrested by a police officer shall be discharged except on his own bond, or on bail, or under the special order of a Magistrate. 60. Powers, on escape, to pursue and re-take. (1) If a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and arrest him in any place in India. (2) The provisions of section 47 shall apply to arrests under sub- section (1) although the person making any such arrest is not acting under a warrant and is not a police officer having authority to arrest. 61. 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. 62. Summons how served. (1) Every summons shall be served by a police officer, or subject to such rules as the State Government may make in this behalf, by an officer of the court issuing it or other public servant. (2) 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. (3) Every person on whom a summons is so served shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate. 63. Service of summons on corporate bodies and societies. ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 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. 62. Summons how served. (1) Every summons shall be served by a police officer, or subject to such rules as the State Government may make in this behalf, by an officer of the court issuing it or other public servant. (2) 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. (3) Every person on whom a summons is so served shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate. 63. Service of summons on corporate bodies and societies. Service of a summons on a corporation may be effected by serving it on the secretary, local manager or other principal officer of the corporation, or by letter sent by registered post, addressed to the chief officer of the corporation in India, in which case the service shall be deemed, to have been effected when the letter would arrive in ordinary course of post. Explanation:- In this section "corporation" means an incorporated company or other body corporate and includes a society registered under the Societies Registration Act.1860 (21 of 1860). 64. Service when persons summoned cannot be found. Where the person summoned cannot, by the exercise of due diligence be found, the summons may be served by leaving one of the duplicates for him with some adult male member of his family residing with him, and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate. Explanation :- A servant is not a member of the family within the meaning of this section. ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... Explanation:- In this section "corporation" means an incorporated company or other body corporate and includes a society registered under the Societies Registration Act.1860 (21 of 1860). 64. Service when persons summoned cannot be found. Where the person summoned cannot, by the exercise of due diligence be found, the summons may be served by leaving one of the duplicates for him with some adult male member of his family residing with him, and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate. Explanation :- A servant is not a member of the family within the meaning of this section. 65. Procedure when service cannot be effected as before provided. If service cannot by the exercise of due diligence be effected as provided in section 62, section 63 or section 64, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides, and thereupon the court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper. 66. Service on Government servant. (1) Where the person summoned is in the active service of the Government, the court issuing the summons shall ordinarily send it in duplicate to the head of the office in which such person is employed: and such head shall thereupon cause the summons to be served in the manner provided by section 62, and shall return it to the court under his signature with the endorsement required by that section. (2) Such signature shall be evidence of due service. 67. Service of summons outside local limits. When a court desires that a summons issued by it shall be served at any place outside its local jurisdiction, it shall ordinarily send summons in duplicate to a Magistrate within whose local jurisdiction the person summoned resides, or is, to be there served. ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (1) Where the person summoned is in the active service of the Government, the court issuing the summons shall ordinarily send it in duplicate to the head of the office in which such person is employed: and such head shall thereupon cause the summons to be served in the manner provided by section 62, and shall return it to the court under his signature with the endorsement required by that section. (2) Such signature shall be evidence of due service. 67. Service of summons outside local limits. When a court desires that a summons issued by it shall be served at any place outside its local jurisdiction, it shall ordinarily send summons in duplicate to a Magistrate within whose local jurisdiction the person summoned resides, or is, to be there served. 68. Proof of service in such cases and when serving officer not present. (1) When a Summons issued by a court is served outside its local jurisdiction, and in any case where the officer who has served a summons is not present at the hearing of the case, an affidavit, purporting to be made before a Magistrate, that such summons has been served, and a duplicate of the summons purporting to be endorsed (in the manner provided by section 62, or section 64) by the person to whom it was delivered or tendered or with whom it was left, shall be admissible in evidence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved. (2) The affidavit mentioned in this section may be attached to the duplicate of the summons and returned to the court. 69. Service of summons on witness by post. (1) Notwithstanding anything contained in the preceding section of this Chapter, a court issuing a summons to a witness may in addition to and simultaneously with the issue of such summons, direct a copy of the summons to be served by registered post addressed to the witness at the place where he ordinarily resides or carries on business or personally works for gain. (2) When an acknowledgment purporting to be signed by the witness or ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... served, and a duplicate of the summons purporting to be endorsed (in the manner provided by section 62, or section 64) by the person to whom it was delivered or tendered or with whom it was left, shall be admissible in evidence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved. (2) The affidavit mentioned in this section may be attached to the duplicate of the summons and returned to the court. 69. Service of summons on witness by post. (1) Notwithstanding anything contained in the preceding section of this Chapter, a court issuing a summons to a witness may in addition to and simultaneously with the issue of such summons, direct a copy of the summons to be served by registered post addressed to the witness at the place where he ordinarily resides or carries on business or personally works for gain. (2) When an acknowledgment purporting to be signed by the witness or an endorsement purporting to be made by a 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. STATE AMENDMENT Andaman and Nicobar Islands and Lakshadweep: In section 69, - (a) in sub-section (I), after the words "lo be served by registered post" the words "or of' the substance thereof to be served by wireless message" shall be inserted. (b) in subsection (2), for the words "that the witness refused to take delivery of the summons" the words "or a wireless messenger that the witness refused to take delivery, of' the summons or the message, as the case may, be" shall be substituted. [Vide Regulation 6 of' 1977. sec. 2 (w.e.f 17-11-1977)]. 70. Form of warrant of arrest and duration. ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... under sub-section (2), appears voluntarily or is apprehended and brought before the court by whose order the property was attached, or the court to which such court is subordinate, and proves to the satisfaction of- such court that he did not abscond or conceal himself for the purpose of avoiding, execution of the warrant, and that he had not such notice of the proclamation as to enable him to attend within the time specified therein, such property, or, if the same has been sold, the net proceeds of the sale, or, if part only thereof has been sold, the net proceeds of the sale and the residue of the property, shall, after satisfying there from all costs incurred in consequence of the attachment, be delivered to him. 86. Appeal from order rejecting application for restoration of attached property. Any person referred to in sub-section (3) of section 85, who is aggrieved by any refusal to deliver property or the proceeds of the sale thereof may appeal to the court to which appeals ordinarily lie from the sentences of the first-mentioned court. 87. Issue of warrant in lieu of, or in addition to, summons. A court may, in any case in which it is empowered by this Code to issue a summons for the appearance of any person, issue, after recording its reasons in writing, a warrant for his arrest- (a) if either before the issue of summons, or after the issue of the same but before time fixed for his appearance, the court sees reason to believe that he has absconded or will not obey the summons; or (b) if, at such time he fails to appear and the summons is proved to have been duly served in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure. 88. Power to take bond for appearance. When any person for whose appearance or arrest the officer presiding in any court is empowered to issue a summons or warrant, is present in such court, such officer may require such person to execute a bond, with or without sureties, for his appearance in such court, or any other court to which the case may be transferred for trial. 89. Arrest on breach of bond for appearance. ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (b) if, at such time he fails to appear and the summons is proved to have been duly served in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure. 88. Power to take bond for appearance. When any person for whose appearance or arrest the officer presiding in any court is empowered to issue a summons or warrant, is present in such court, such officer may require such person to execute a bond, with or without sureties, for his appearance in such court, or any other court to which the case may be transferred for trial. 89. Arrest on breach of bond for appearance. When any person who is bound by any bond taken under this Code to appear before a court, does not appear, the officer presiding in such court may issue a warrant directing that such person be arrested and produced before him. 90. Provisions of this Chapter generally applicable to summons and warrants of arrest. The provisions contained in this Chapter relating to a summons and warrants, and their issue. Service, and execution, shall, so far as may be, apply to every summons and every warrant of arrest issued under this Code. 91. Summons to produce document or other thing. Whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order. (2) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same. ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (1) If any document, parcel or thing in the custody of a postal or telegraph authority is, in the opinion of the District Magistrate, Chief Judicial Magistrate, Court of Sessions or High Court wanted for the purpose of any investigation, inquiry, trial or other proceeding under this Code, such Magistrate or court may require postal or telegraph authority, as the case may be, or deliver the document, parcel or thing to such person a the Magistrate or Court directs. (2) If any such document, parcel or thing is, in the opinion of any other Magistrate, whether Executive or Judicial, or of any Commissioner of police or District Superintendent of police, wanted for any such purpose, he may require the postal or telegraph authority, as the case nay be, to cause search to be made for and to detain such document, parcel or thing pending the order of a District Magistrate, Chief Judicial Magistrate or Court under sub-section (1).. 93. When search warrant may be issued. (1) (a) where any court has reason to believe that a person to whom a summons or order under section 91 or a requisition under sub-section (1) of section 92 has been, or might be, addressed, will not or would not produce the document or thing as required by such summons or requisition, or (b) where such document or thing is not known to the Court to be in the possession of any person, or (c) where the court considers that the purposes of any inquiry, trial or other proceeding under this Code will be served by a general search or inspection, it may issue a search-warrant; and the person to whom such warrant is directed, may search or inspect in accordance therewith and the provisions hereinafter contained. (2) The court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only the search or inspection shall extend; and the person charged with the execution of such warrant shall then search or inspect only the place or part so specified. (3) Nothing contained in this section shall authorize any Magistrate ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... by sub-section (2) of section 47. (3) Where any person in or about such place is reasonably suspected of concealing about his person any article for which search should be made, such person may be searched and if such person is a woman, the search shall be made by another woman with strict regard to decency. (4) Before making a search under this Chapter, the officer or other person about to make it shall call upon two or more independent and respectable inhabitants of the locality in which the place to be searched is situate or of any other locality if no such inhabitant of the said locality is available or is willing to be a witness to the search, to attend and witness the search and may issue an order in writing to them or any of them so to do. (5) The search shall be made in their presence, and a list of all things seized in the course of such search and of the places in which they are respectively found shall be prepared by such officer or other person and signed by such witness; but no person witnessing a search under this section shall be required to attend the court as a witness of the search unless specially summoned by it. (6) The occupant of the place searched, or some person in his behalf, shall, in every instance, be permitted to attend during the search, and a copy of the list prepared under this section, signed by the said witnesses, shall be delivered to such occupant or person. (7) When any person is searched under sub-section (3), a list of all things taken possession of shall be prepared, and a copy thereof shall be delivered to such person. (8) Any person who, without reasonable cause, refuses or neglects to attend and witness a search under this section, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed an offence under section 187 of the Indian Penal Code (45 of 1860). 101. Disposal of things found in search beyond jurisdiction. When, in the execution of a search-warrant at any place beyond the local jurisdiction of the court which issued the same, any of the things for which search is made, are found, such things, together with the list of the same prepared under the provisions hereinafter ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 1. Ins. by Act 45 of 1978, sec. 10 (18-12-1978). 103. Magistrate may direct search in his presence. Any Magistrate may direct a search to be made in his presence of any place for the search of which he is competent to issue a search warrant. 104. Power to impound document, etc., produced. Any court may, if it thinks fit impound any document or thing produced before it under this Code. 105. Reciprocal arrangements regarding processes. (1) Where a court in the territories to which this Code extends (hereafter in this section referred to as the said territories desires that- (a) a summons to an accused person, or (b) a warrant for the arrest of an accused person, or (c) a summons to any person requiring him to attend and produce a document or other thing, or to produce it, or (d) a search warrants, 1[issued by it shall be served or executed at any place, - (i) within the local jurisdiction of a court in any State or area in India outside the said territories, it may send such summons or warrant in duplicate by post or otherwise, to the presiding officer of that court to be served or executed; and where any summons referred to in clause (a) or clause (c) has been so served, the provisions of section 68 shall apply in relation to such summons as if the presiding officer of the court to whom it is sent were a Magistrate in the said territories; (ii) in any country of place outside India in respect of which arrangements have been made by the Central Government with the Government of such country or place for service or execution of ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (c) a summons to any person requiring him to attend and produce a document or other thing, or to produce it, or (d) a search warrants, 1[issued by it shall be served or executed at any place, - (i) within the local jurisdiction of a court in any State or area in India outside the said territories, it may send such summons or warrant in duplicate by post or otherwise, to the presiding officer of that court to be served or executed; and where any summons referred to in clause (a) or clause (c) has been so served, the provisions of section 68 shall apply in relation to such summons as if the presiding officer of the court to whom it is sent were a Magistrate in the said territories; (ii) in any country of place outside India in respect of which arrangements have been made by the Central Government with the Government of such country or place for service or execution of summons or warrant in relation to criminal matters (hereafter in this section referred to as the contracting State), it may send such summons or warrant in duplicate in such form, directed to such court, Judge or Magistrate, and sent to such authority for transmission, as the Central Government may, by notification, specify in this behalf.] (2) Where a court in the said territories has received for service or execution- (a) a summons to an accused person, or (b) a warrant for the arrest of an accused person, or (c) a summons to any person requiring him to attend and produce a document or other things or to produce it, or (d) a search warrant. 1[issued by- (i) a court in any State or are in India outside the said territories (ii) a court, Judge or Magistrate in a contracting State, ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (2) Where a court in the said territories has received for service or execution- (a) a summons to an accused person, or (b) a warrant for the arrest of an accused person, or (c) a summons to any person requiring him to attend and produce a document or other things or to produce it, or (d) a search warrant. 1[issued by- (i) a court in any State or are in India outside the said territories (ii) a court, Judge or Magistrate in a contracting State, It shall cause the same to be served or executed] as if it were a summons or warrant received by it from another court in the said territories for service or execution within its local Jurisdiction; and where (i) a warrant of arrest has been executed, the person arrested shall, so far as possible, be dealt with in accordance with the procedure prescribed by sections 80 and 81; (ii) a search warrant has been executed, the things found in the search shall, so far as possible, be dealt with in accordance with the procedure prescribed by section 101: 2[Provided that in a case where a summons or search warrant received from a contracting State has been executed, the documents or things produced or things found in the search shall be forwarded to the court issuing the summons or search warrant through such Authority as the Central Government may, by notification, specify in this behalf.] 1. Subs by Act 32 of 1988, sec. 2, for certain words (w.e.f. 25-5- 1988). 2. Ins. by Act 32 of 1988, sec. 2 (w.e.f. 25-5-1988). CHAPTER VII-A ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... movement, title or ownership of property. 105B. Assistance in securing transfer of persons (1) Where a court in India, in relation to a criminal matter, desires that a warrant for arrest of any person to attend or produce a document or other thing issued by it shall be executed in any place in a contracting State, it shall send such warrant in duplicate in such form to such Court, Judge or Magistrate, through such authority, as the Central Government may, by notification, specify in this behalf and that court, Judge or Magistrate, as the case may be, shall cause the same to be executed. (2) Not withstanding anything contained in this Code, if, in the course of an investigation or any inquiry into an offence, an application is made by the investigating officer or any officer superior in rank to the investigating officer that the attendance of a Person who is in any place in a contracting State is required in connection with such investigation or inquiry and the court is satisfied that such attendance is so required, it shall issue a summons or warrant, in duplicate, against the said person to such court, Judge or Magistrate, in such form as the Central Government by notification, specify in this behalf, to cause the same to be served or executed. (3) Where a court in India, in relation to a criminal matter, has received a warrant for arrest of any person requiring him to attend or attend and produce a document or other thing in that court or before any other investigating agency, issued by a court, Judge or Magistrate in a contracting State, the same shall be executed as if it is the warrant received by it from another court in India for execution within its local limits. (4) Where a person transferred to a contracting State pursuant to sub- section (3) is a prisoner in India, the court in India or the Central Government may impose such conditions as that court or Government deems fit. (5) Where the person transferred to India pursuant to sub-section (1), or sub-section (2) is a prisoner in a contracting State, the court in India shall ensure that the conditions subject to which the prisoner is transferred to India are complied with and such prisoner shall be kept in such custody subject to such conditions as the Central ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... person affected shall be given a reasonable opportunity of being heard. (3) Where the person affected pays the fine due under sub-section (1), within such time as may be allowed in that behalf, the Court may, by order, revoke the declaration of forfeiture under section 105h and thereupon such property shall stand released. 105J. Certain transfers to be null and void. Where after the making of an order under sub-section (1) of section 105E or the issue of a notice under section 105G, any property referred to in the said order or notice is transferred by any mode whatsoever such transfer shall, for the purposes of the proceedings under this Chapter, be ignored and if such property is subsequently forfeited to the Central government under section 160H, then the transfer of such property shall be deemed to be null and void. 105K. Procedure in respect of letter of request. Every letter of request, summons or warrant, received by the Central Government from, and every letter of request, summons or warrant, to be transmitted to a contracting State under this Chapter shall be transmitted to a contracting State or, as the case may be, sent to the concerned court in India in such form and in such manner as the Central Government may, by notification, specify in this behalf. 105L. Application of this Chapter. The Central Government may, by notification in the Official Gazette, direct that the application of' this Chapter in relation to a contracting State with which reciprocal arrangements have been made, shall be subject to such conditions, exceptions or qualifications as are specified in the said notification.] 106. Security for keeping the peace on conviction. (1) When a court of Session or court of a Magistrate of the first class convict a person of any of the offences specified in sub-section (2) or of abetting any such offence and is of opinion that it is necessary to take security from such person for keeping the peace, the court may, at the time of passing sentences on such person, order him to execute a bond, with or without sureties, for keeping the peace of ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 3. Ins. by Act 56 of 1974, sec. 3, and second Sch. (w.e.f. 20-12- 1974). 4. Ins. by Act 25 of 2005, sec. 14. 111. Order to be made. When a Magistrate acting under section 107, section 108, section 109 or section 110, deems it necessary to require any person to show cause under such section he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties (if any) required. 112. Procedure in respect of person present in court. If the person in respect of whom such order is made is present in court, it shall be read over to him, or, if he so desires, the substance thereof shall be explained to him. 113. Summons or warrant in case of person not so present. If such person is not present in court, the Magistrate shall issue a summons requiring him to appear, or, when such person is in custody, a warrant directing the officer in whose custody he is to bring him before the court; Provided that whenever it appears to such Magistrate, upon the report of a police officer or upon other information (the substance of which report or information shall be recorded by the Magistrate), that there is reason to far the Commission of a breach of the peace, and that such breach of the peace cannot be prevented otherwise than by the immediate arrest of such person, the Magistrate may at any time issue a warrant for his arrest. 114. Copy of order to accompany summons or warrant. Every summons or warrant issued under section 113 shall be accompanied by a copy of the order made under section 111 , and such copy shall be delivered by the officer serving or executing such summons or warrant to the person served with, or arrested under, the same. 115. Power to dispense with personal attendance. ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 114. Copy of order to accompany summons or warrant. Every summons or warrant issued under section 113 shall be accompanied by a copy of the order made under section 111 , and such copy shall be delivered by the officer serving or executing such summons or warrant to the person served with, or arrested under, the same. 115. Power to dispense with personal attendance. The Magistrate may, if he sees sufficient cause, dispense with the personal attendance of any person called upon to show cause why he should not be ordered to execute a bond for keeping the peace or for good behaviour and may permit him to appear by a pleader. 116. Inquiry as to truth of information. (1) When an order under section 111 has been read or explained under section 112 to a person in court, or when any person appears or is brought before a Magistrate in compliance with, or in execution of, a summons or warrant, issued under section 113 the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary. (2) Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed for conducting trial and recording evidence in summons case. (3) After the commencement, and before the completion, of the inquiry under sub-section (1), the Magistrate, if he considers that immediate measures are necessary for the prevention of' breach of the peace or disturbance of the public tranquility or the Commission of any offence or for the public safety, may, for reason to be recorded in writing direct the per son in respect of whom the order under section 111 has been made to execute a bond, with or without sureties, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry and may detain him in custody until such bond is executed or, in default of execution, until the inquiry is concluded: Provided that - (a) no person against whom proceedings are not being taken over under ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... purpose of the bond: Provided that, before so refusing to accept or rejecting any such surety, he shall either himself hold an enquiry on oath into the fitness of the surety, or cause such inquiry to be held and a report to be made thereon by a Magistrate subordinate him. (2) Such Magistrate shall, before holding the inquiry, give reasonable notice to the surety and to the person by whom the surety was offered and shall, in making the inquiry, record the substance of the evidence adduced before him. (3) If the Magistrate is satisfied, after considering the evidence so adduced either before him or before, a Magistrate deputed under sub- section (1), and the report of such Magistrate (if any), that the Surety is an unfit person for the purposes of' the bond, he shall make an order refusing to accept or rejecting, as the case may be, Such surety and recording his reasons for so doing-, Provided that before making all order rejecting an surety who has previously been, accepted, the Magistrate shall issue his summons or warrant, as he thinks fit, and cause the person for whom the surety is bound to appear or to be brought before him. 122. Imprisonment in default of security. (1) (a) If any person ordered to give security under section 106 or section 117 does not give such security on or before the date on which the period for which such security is to be given commences, he shall, except in the case next hereinafter mentioned, be committed to prison or if he is already in prison, be detained in prison until such period expires or until within such period gives the security to the court or Magistrate who made the order requiring it. (b) If any person after having executed a 1[bond without sureties] for keeping the peace in pursuance of an order of a Magistrate under section 117, is proved, to the satisfaction of such Magistrate or his successor-in-office, to have committed breach of the bond, such Magistrate or successor- in-office may after recording, the grounds of such proof, order that the person be arrested and detained in prison until the expiry of the period of the bond and such order shall be without prejudice to any other punishment or forfeiture to which the said person may be liable in accordance with law. ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... prison to undergo Such unexpired portion. (8) A person remanded to prison under sub-section (7) shall, subject to the provisions of' section 122, be released at any time on giving security in accordance with the terms of the original order for the unexpired portion aforesaid to the court or Magistrate by whom such order was made, or to its or his successor. (9) The High Court or Court of Sessions may at any time, for sufficient reasons to be recorded in writing, cancel any bond for keeping the peace or for good behaviour executed under this Chapter by any order made by it, and the 1[District Magistrate, in the case of an order passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other case] may make such cancellation where such bond was executed under his order or under the order of any other court in his district. (10) Any surety for the peaceable conduct or good behaviour of another person, ordered to execute a bond under this Chapter may at any time apply to the court making such order to cancel the bond and on such application being made, the court shall issue a summons or warrant, as it thinks fit, requiring the person for whom such surety is bound to appear or to be brought before it. 1. Subs. by Act 45 of 1978, sec 12. for "the Chief Judicial Magistrate" (w.e.f. 18-12-1978). 124. Security for unexpired period of bond. (1) When a person for whose appearance a summons or warrant has been issued under the proviso to sub-section (3) of section 121 or under sub-section (10) of section 123, appears or is brought before the Magistrate or court, the Magistrate or court shall cancel the bond executed by such person and shall order such person to give, for the unexpired portion of the term of such bond, fresh security of the same person description as the original security. (2) Every such order shall, for the purposes of sections 120 to 123 (both inclusive), be deemed to be an order made under section 106 or section 117, as the case may be. 125. Order for maintenance of wives, children and parents. ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... omitted by sec. 2 (w.e.f, 24-9-2001)]. [Vide W.B. Act 25 of 1992 (w.e.f. 2-8-1993) 126. Procedure. (1) Proceedings under section 125 may be taken against any person in any district- (a) where he is, or (b) where he or his wife resides, or (c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child. (2) All evidence to such proceedings shall be taken in the presence of the person against whom an order for payment of maintenance is proposed to be made, or, when his personal attendance is dispensed with in the presence of his pleader, and shall be recorded in the manner prescribed for summons-cases: Provided that if the Magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is willfully avoiding service, or willfully neglecting to attend the court, the Magistrate may proceed to hear and determine the case ex- parte and any order so made may be set aside for good cause shown on an application made within three months from the date thereof subject to such terms including terms as to payment of costs to the opposite party as the Magistrate may think just and proper. (3) The Court in dealing with applications under section 125 shall have power to make such order as to costs as may be just. 127. Alteration in allowance. 1[(1) On proof of a change in the circumstances of any person, receiving, under section 125 a monthly allowance for the maintenance or interim maintenance, or ordered under the same section to pay a monthly allowance for the maintenance, or interim maintenance, to his wife, child, father or mother, as the case may be, the Magistrate may make such alteration, as he thinks fit, in the allowance for the maintenance or the interim maintenance, as the case may be.] ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (vi) to destroy, confine or dispose of such dangerous animal in the manner provided in the said order; or, if he objects so to do, to appear before himself or some other Executive Magistrate Subordinate to him at a time and place to be fixed by the order, and show cause, in the manner hereinafter provided, why the order should not be made absolute. (2) No order duly made by a Magistrate under this section shall be called in question in any civil court. Explanation. A "public place" includes also property belonging to the state, camping grounds and grounds left unoccupied for sanitary or recreative purposes. 134. Service or notification of order. (1) The order shall, if practicable, be served on the person against whom it is made, in the manner herein provided for service of a summons. (2) If such order cannot be so served, it shall be notified by proclamation, published in such manner as the State Government may, by rules, direct, and a copy thereof shall be stuck up at such place or places as may be fittest for conveying the information to such persons. 135. Person to whom order is addressed to obey or show cause. The person against whom such order is made shall - (a) perform within the time and in the manner specified in the order, the act directed thereby; or (b) appear in accordance with such order and show cause against the same. 136. Consequences of his failing to do so. If such person does not perform such act or appear and show cause, he shall be liable to the penalty prescribed in that behalf in section 188 of the Indian Penal Code (45 of 1860,) and the order shall be made ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... in respect of the way, river, channel or place, and if he does so, the Magistrate shall, before proceeding under section 138, inquire into the matter. (2) If in such inquiry the Magistrate finds that there is any reliable evidence in support of such denial, he shall stay the proceedings until the matter of the existence of such right has been decided by a competent court; and if he finds that there is no such evidence he shall proceed as laid down in section 138. (3) A person who has, on being questioned by the Magistrate under sub- section (1), failed to deny the existence of a public right of the nature therein referred to, or who having made such denial, has failed to adduce reliable evidence in support thereof, shall not in the subsequent proceedings be permitted to make any such denial. 138. Procedure where he appears to show cause. (1) If the person against whom an order under section 133 is made appears and shows cause against the order, the Magistrate shall take evidence in the matter as in a summons-case. (2) If the Magistrate is satisfied that the order, either as originally made or subject to such modification as he considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as the case may be with such modification. (3) If the Magistrate is not so satisfied, no further proceedings shall be taken in the case. 139. Power of Magistrate to direct local investigation, examination, and examination of an expert. The Magistrate may, for the purposes of an inquiry under section 137 or 138- (a) direct a local investigation to be made by such person as he thinks fit; or (b) summon and examine an expert. 140. Power of Magistrate to furnish written instructions, etc. (1) Where the Magistrate directs a local investigation by any person under section 139, the Magistrate may- ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... The Magistrate may, for the purposes of an inquiry under section 137 or 138- (a) direct a local investigation to be made by such person as he thinks fit; or (b) summon and examine an expert. 140. Power of Magistrate to furnish written instructions, etc. (1) Where the Magistrate directs a local investigation by any person under section 139, the Magistrate may- (a) furnish such person with such written instruction as may seem necessary for his guidance; (b) declare by whom the whole or any part of necessary expenses of the local investigation shall be paid. (2) The report of such person may be read as evidence in the case. (3) Where the Magistrate summons and examines an expert under section 139, the Magistrate may direct by whom the costs of such summoning and examination shall be paid. 141. Procedure on order being made absolute and consequences of disobedience. (1) When an order has been made absolute under section 136 or section 138, the Magistrate shall give notice of the same to the person against whom the order was made, and shall further require him to perform the act directed by the order within a time to be fixed in the notice, and inform him that, in case of disobedience, he will be liable to the penalty provided by section 188 of the Indian Penal Code (45 of 1860). (2) If Such act is not performed within the time fixed, the Magistrate may cause it to be performed, and may recover the costs of performing it, either by the sale of any building, goods or other property removed by his order, or by the distress and sale of any other movable property of such person within or without such Magistrate's local jurisdiction and if such other property is without such jurisdiction, the order shall authorize its attachment and sale when endorsed by the Magistrate within whose local jurisdiction the property to be attached ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 1. Ins. by Act 25 of 2005, sec. 16. 145. Procedure where dispute concerning land or water is likely to cause breach of peace. (1) Whenever an Executive Magistrate is satisfied from a report of a police officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within his local jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by pleader, on a specified date and time, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute. (2) For the purposes of this section, the expression "land or water" includes buildings, markets, fisheries, crops or other produce of land, and the rents or profits of any such property. (3) A copy of the order shall be served in the manner provided by the Code for the service of a summons upon such person or persons as the Magistrate may direct, and at least one copy shall be published by being affixed to some conspicuous place at or near the subject of dispute. (4) The Magistrate shall then, without reference to the merits or the claims of any of the parties, to a right to possess the subject of dispute, peruse the statements so put in, hear the parties, receive all such evidence as may be produced by them, take such further evidence, if any as he thinks necessary, and, if possible, decide whether and which of the parties was, at the date of the order made by him under subsection (1), in possession of the subject of dispute: Provided that if it appears to the Magistrate that any party has been forcibly and wrongfully dispossessed within two months next before the date on which the report of a police officer or other information was received by the Magistrate, or after that date and before the date of his order under sub-section (1), he may treat the party so dispossessed as if that party had been in possession on the date of his order under sub-section (1). (5) Nothing in this section shall preclude any party so required to attend, or arty other person interested, from showing that no such ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... published in the manner laid down in sub-section (3). (7) When any party to any such proceeding dies, the Magistrate may cause the legal representative of the deceased party to be made a party to the proceeding and shall thereupon continue the inquiry, and if any question arises as to who the legal representative of a deceased party for the purposes of such proceeding is, all persons claiming to be representatives of the deceased party shall be made parties thereto. (8) If the Magistrate is of opinion that any crop or other produce of the property, the subject of dispute in a proceeding under this section pending before him, is subject to speedy and natural decay, he may make an order for the proper custody or sale of such property, and, upon the completion of the inquiry, shall make such order for the disposal of such property, or the sale-proceeds thereof, as he thinks fit. (9) The Magistrate may, if he thinks fit, at any stage of the proceedings under this section, on the application of either party, issue a summons to any witness directing him to attend or to produce any document or thing. (10) Nothing in this section shall be deemed to be in derogation of the Magistrate to proceed under section 107. STATE AMENDMENT Maharashtra: In section 145, - (a) In subsection (1), for the words "whenever an Executive Magistrate" the words "Whenever in Greater Bombay, a Metropolitan Magistrate and elsewhere in the State, an Executive Magistrate" shall be substituted; (a) for sub-section (10), the following sub-section shall be substituted, namely. "(10) In the case of an Executive Magistrate taking action under this section nothing in this section shall be deemed to be in derogation of his power to proceed under Section 107. In the case of a Metropolitan ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (3) Every statement recorded or document or thing received under sub- section (1) shall be deemed to be the evidence collected during the course of investigation under this Chapter. 1. Ins. by Act 10 of 1990, sec. 2 (w.e.f. 19-2-1990). 166B. Letter of request from a country or place outside India to a court or an authority for investigation in India. (1) Upon receipt of a letter of request from a court or an authority in a country or place outside India competent to issue such letter in that country or place for the examination of any person or production of any document or thing in relation to an offence under investigation in that country or place, the Central Government may, if it thinks fit- (i) Forward the same to the Chief Metropolitan Magistrate or Chief Judicial Magistrate or such Metropolitan Magistrate or Judicial Magistrate as he may appoint in this behalf, who shall thereupon summon the person before him and record his statement or cause the document or thing to be produced, or (ii) Send the letter to any police officer for investigation, who shall thereupon investigate into the offence in the same manner, as if the offence had been committed within India. (2) All the evidence taken or collected under sub-section (1), or authenticated copies thereof or the thing so collected, shall be forwarded by the Magistrate or police officer, as the case may be, to the Central Government for transmission to the court or the authority issuing the letter of request, in such manner as the Central Government may deem fit.] 167. Procedure when investigation cannot be completed in twenty-four hours. (1) Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 57, and there are grounds for believing that the accusation or information is well-founded, the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of sub-inspector, shall ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... an order for such further detention is made, the period during which the accused person was detained in custody under the orders made by an Executive Magistrate under this sub-section, shall be taken into account in computing the period specified in paragraph (a) of the proviso to sub-section (2): Provided that before the expiry of the period aforesaid, the Executive Magistrate shall transmit to the nearest Judicial Magistrate the records of the case together with a copy of the entries in the diary relating to the case which was transmitted to him by the officer in charge of the police station or the police officer making the investigation, as the case may be.] (3) A Magistrate authorizing under this section detention in the custody of the police shall record his reasons for so doing. (4) Any Magistrate other than the Chief Judicial Magistrate making such order shall forward a copy of his order, with his reasons for making it, to the Chief Judicial Magistrate. (5) If in any case triable by a Magistrate as a summons-case, the investigation is not concluded within a period of six months from the date on which the accused was arrested, the Magistrate shall make an order stopping further investigation into the offence unless the officer making the investigation satisfies the Magistrate that for special reasons and in the interests of justice the continuation of the investigation beyond the period of six months is necessary. (6) Where any order stopping further investigation into an offence has been made under sub-section (5), the Sessions Judge may, if he is satisfied, on an application made to him or otherwise, that further investigation into the offence ought to be made, vacate the order made under sub-section (5) and direct further investigation to be made into the offence subject to such directions with regard to bail and other matters as he may specify. 1. Subs, by Act 45 of 1978, sec. 13, for paragraph (a)(w.e.f. 18-12- 1978). 2. Ins. by Act 45 of 1978, sec. 13 (w.e.f. 18-12-1978). 3. Original Explanation numbered as Explanation II by Act 45 of 1978, sec. 13 (w.e.f.18-12-1978). ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... Uttar Pradesh: After section 167, insert the following section namely: "167A. Procedure on arrest by Magistrate.-For the avoidance of doubts, it is hereby declared that the provisions of section 167, shall so far as may be, apply in relation to any person arrested by, or under any order or direction of, a Magistrate whether executive or Judicial. [Vide U.P. Act 18 of 1978]. West Bengal: In section 167, - (a) For sub-section (5). The following sub-section shall be submitted. "(5) If, in respect of - (i) Any case triable by a Magistrate as a summons case, the investigation is not concluded within a period of six months, or (ii) Any case exclusively triable by a Court of Sessions or a case under Chapter XVIII of the Indian Penal Code (45 of 1860), the investigation in not conducted within a period of three years, or (iii) Any case other than those mentioned in clauses (i) and (ii), the investigation is not conducted within a period of two year, from the date on which the accused was arrested made his appearance, the Magistrate shall make an order stopping further investigation into the offence and shall discharge the accused unless the officer making the investigation satisfies the Magistrate that for special reasons and in the interests of justice the continuation of the investigation beyond the period mentioned in this sub-section is necessary". (b) In sub-section (6), after the words any order stopping further investigation into an offence has been made "the words "and the accused has been discharged" shall be inserted. [Vide W.B. Act 24 of 1988 sec. 4]. 168. Report of investigation by subordinate police officer. ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (iv) there is any doubt regarding the cause of death; or (v) the police officer for any other reason considers it expedient so to do, he shall], subject to such rules as the State Government may prescribe in this behalf, forward the body, with a view to its being examined, to the nearest Civil Surgeon, or other qualified medical man appointed in this behalf by the State Government, if the state of the weather and the distance admit of its being so forwarded without risk of such putrefaction on the road as would render such examination useless. (4) The following Magistrates are empowered to hold inquests, namely, any District Magistrate or Sub-divisional Magistrate and any other Executive Magistrate specially empowered in this behalf' by the State Government or the District Magistrate. 1. Subs. by Act 46 of 1983, sec. 3., for certain words (w.e.f 25-12- 1983). 175. Power to summon persons. (1) A police officer proceeding under section 174 may, by order in writing, summon two or more persons as aforesaid for the purpose of the said investigation, and any other person who appears to be acquainted with the facts of the case and every person so summoned shall be bound to attend and to answer truly all questions other than questions the answers to which have a tendency to expose him to a criminal charge or to a forfeiture. (2) If the facts do not disclose a cognizable offence to which section 170 applies, such persons shall not be required by the police officer to attend a Magistrate's Court. 176. Inquiry by Magistrate into cause of death. (1) 1[2[***]When the case is of the nature referred to in clause (i) or clause (ii) of sub-section (3) of section 174], the nearest Magistrate empowered to hold inquests shall, and in any other case mentioned in sub-section (1) of section 174, any Magistrate so empowered may hold an inquiry into the cause of death either instead of, or in addition to, the investigation held by the police officer; and if he does so, he shall have all the powers in conducting it which ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... Constitution, or under this Code or any other law for the time being in force. 186. High Court to decide, in case of doubt, district where inquiry or trial shall take place. Where two or more Courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire into or try that offence, the question shall be decided- (a) If the courts are subordinate to the same High Court, by that High Court; (b) If the courts are not subordinate to the same High Court, by the High Court within the local limits of whose appellate criminal jurisdiction the proceedings were first commenced, and thereupon all other proceedings in respect of that offence shall be discontinued. 187. Power to issue summons or warrant for offence committed beyond local jurisdiction. (1) When a Magistrate of the first class sees reason to believe that any person within his local jurisdiction has committed outside such jurisdiction (whether within or outside India) an offence which cannot, under the provisions of sections 177 to 185 (both inclusive), or any other law for the time being in force, be inquired into or tried within such jurisdiction but is under some law for the time being in force triable in India, such Magistrate may inquire into the offence as if it had been committed within such local jurisdiction and compel such person in the manner hereinbefore provided to appear before him, and send such pe` rson to the Magistrate having jurisdiction to inquire into or try such offence, or, if such offence is not punishable with death or imprisonment for life and such person is ready and willing to give bail to the satisfaction of the Magistrate acting under this section, take a bond with or without sureties for his appearance before the Magistrate having such jurisdiction. (2) When there are more Magistrates than one having such jurisdiction and the Magistrate acting under this section cannot satisfy himself as to the Magistrate to or before whom such person should be sent or ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... being a police officer, he shall have for that investigation all the powers conferred by this Court on an offer in charge of a police station except the power to arrest without warrant. 1. Ins. by Act 25 of 2005, sec.19. 203. Dismissal of complaint. If, after considering the statements on oath (if any) of the complainant and of the witnesses and the result of the inquiry or investigation (if any) under section 202, the Magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss the complaint, and in every such case he shall briefly record his reasons for so doing. 204. Issue of processed. (1) If in the opinion of a Magistrate taking cognizance of an offence there is sufficient ground for proceeding, and the case appears to be- (a) A summons-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. (2) No summons or warrant shall be issued against the accused under sub-section (1) until a list of the prosecution witnesses has been filed. (3) In a proceeding instituted upon a complaint made in writing, every summons or warrant issued under sub-section (1) shall be accompanied by a copy of such complaint. (4) When by any law for the time being in force any process-fees or other fees are payable, no process shall be issued until the fees are paid and, if such fees are not paid within a reasonable time, the Magistrate may dismiss the complaint. (5) Nothing in this section shall be deemed to affect the provisions of section 87. ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... himself) some other Magistrate having jurisdiction. (2) No summons or warrant shall be issued against the accused under sub-section (1) until a list of the prosecution witnesses has been filed. (3) In a proceeding instituted upon a complaint made in writing, every summons or warrant issued under sub-section (1) shall be accompanied by a copy of such complaint. (4) When by any law for the time being in force any process-fees or other fees are payable, no process shall be issued until the fees are paid and, if such fees are not paid within a reasonable time, the Magistrate may dismiss the complaint. (5) Nothing in this section shall be deemed to affect the provisions of section 87. 205. Magistrate may dispense with personal attendance of accused. (1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of' the accused and permit him to appear by his pleader. (2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of' the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner hereinbefore provided. 206. Special summons in cases of petty offence. (1) If, in the opinion of a Magistrate taking cognizance of a petty offence, the case may be summarily disposed of under section 260 3[or section 261], the Magistrate shall, except where he is, for reasons to be recorded in writing of a contrary opinion, issue summons to the accused requiring him either to appear in person or by pleader before the Magistrate on a specified date, or if he desires to plead guilty to the charge without appearing before the Magistrate, to transmit before the specified date, by post or by messenger to the Magistrate, the said plea in writing and the amount of fine specified in the summons or if he desires to appear by pleader and to plead guilty to the charge through such pleader, to authorize, in writing, the pleader to plead guilty to the charge on his behalf and to pay the fine ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... discretion, at any stage of' the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner hereinbefore provided. 206. Special summons in cases of petty offence. (1) If, in the opinion of a Magistrate taking cognizance of a petty offence, the case may be summarily disposed of under section 260 3[or section 261], the Magistrate shall, except where he is, for reasons to be recorded in writing of a contrary opinion, issue summons to the accused requiring him either to appear in person or by pleader before the Magistrate on a specified date, or if he desires to plead guilty to the charge without appearing before the Magistrate, to transmit before the specified date, by post or by messenger to the Magistrate, the said plea in writing and the amount of fine specified in the summons or if he desires to appear by pleader and to plead guilty to the charge through such pleader, to authorize, in writing, the pleader to plead guilty to the charge on his behalf and to pay the fine through such pleader: Provided that the amount of the fine specified in such summons shall not exceed 4[one thousand rupees]. (2) For the purposes of this section, "petty offence" means any offence punishable only with fine not exceeding one thousand rupees, but does not include any offence so punishable under the Motor Vehicles Act, 19391, or under any other law which provides for convicting the accused person in his absence on a plea of guilty. 2[(3) 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 Magistrate is of opinion that, having regard to the facts and circumstances of the case, the imposition of fine only would meet the ends of justice.] 1. Now the Motor Vehicles Act, 1988 (59 of 1988). 2. Ins. by Act 45 of 1978, sec. 18 (w.e.f. 18-12-1978). 3. Ins. by Act 25 of 2005, sec. 20. ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... alteration or addition has been made, proceed with the trial as if the altered or added charge had been the original charge. (4) If the alteration or addition is such that proceeding immediately with the trial is likely, in the opinion of the court to prejudice the accused or the prosecutor as aforesaid, the court may either direct a new trial or adjourn the trial for such period as may be necessary. (5) lf the offence stated in the altered or added charge is one for the prosecution of which previous section is necessary, the case shall not be proceeded with until such sanction is obtained, unless sanction had been already obtained for a prosecution on the same facts as those on which the altered or added charge is founded. 217. Recall of witnesses when charge altered. Whenever a charge is altered or added to by the court after the commencement of the trial, the prosecutor and the accused shall be allowed- (a) To recall or re-summon, and examine with reference to such alteration or additiona, any witness who may have been examined, uniess the court, for reasons to be recorded in writing, considers thal the prosecutor or the accused, as the case may be, desires to recall or re-examine such witness for the purpose of vexation or delay or for defeating the ends ofjustice; (b) Also to call any further witness whom the court may think to be material. 218. Separate charges for distinct offences. (1) For every distinct offence of which any person is accused there shall be a separate charge and every such charge shall be trie separately: Provided that where the accused person, by an application in writing, so desires and the Magistrate is of opinion that such person is not likely to be prejudiced thereby the Magistrate may try together all or any number of the charges framed against such person. (2) Nothing in sub-section (1) shall affect the operation of the provisions of sections 219, 220, 221 and 223 ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... such Magistrate is competent to try and which, in opinion could be adequately punished by him, he shall frame in writing a charge against the accused. (2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty of the offence charged or claims to be tried. 241. Conviction on plea of guilty. If the accused pleads guilty, the Magistrate shall record the plea and may, in his discretion, convict him thereon. 242. Evidence for prosecution. (1) If the accused refuses to plead or does not plead, or claims to be tried or the Magistrate does not convict the accused under section 241 Magistrate shall fix a date for the examination of witnesses. (2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing. (3) On the date so fixed, the Magistrate shall proceed to take all such evidence as may be produced in support of the prosecution: Provided that the Magistrate may permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination. 243. Evidence for defence. (1) The accused shall then be called upon to enter upon his defence and produce his evidence; and if the accused puts in any written statement, the Magistrate shall file it with the record. (2) If the accused, after he had entered upon his defence, applies to the Magistrate to issue any process for compelling the attendance of any witness for the purpose of examination or cross-examination, or the production of any document or other thing, the Magistrate shall issue such process unless he considers that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice and such ground shall be ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (1) The accused shall then be called upon to enter upon his defence and produce his evidence; and if the accused puts in any written statement, the Magistrate shall file it with the record. (2) If the accused, after he had entered upon his defence, applies to the Magistrate to issue any process for compelling the attendance of any witness for the purpose of examination or cross-examination, or the production of any document or other thing, the Magistrate shall issue such process unless he considers that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice and such ground shall be recorded by him in writing: Provided that, when the accused has cross-examined or had the opportunity of cross-examining any witness before entering on his defence, the attendance of such witness shall not be compelled under this section, unless the Magistrate is satisfied that it is necessary for the ends of justice. (3) The Magistrate may, before summoning any witness on an application under sub-section (2), require that the reasonable expenses incurred by the witness in attending for the purposes of the trial be deposited in court. 244. Evidence for prosecution. (1) When, in any warrant-case instituted other wise than on a police report the accused appears or is brought before a Magistrate, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution. (2) The Magistrate may, on the application of the prosecution, issue a summon to any of its witnesses directing him to attend or to produce any document or other thing. 245. When accused shall be discharged. (1) If, upon taking all evidence referred to in section 244 the Magistrate considers, for reasons to be recorded that the case against the accused has been made out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him. ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... When the proceedings have been instituted upon complaint and any day fixed for the hearing of the case, the complainant is absent and the offence lawfullly cmpounded or is not a cognizable offence, the Magistrate may in his discretion, notwithstanding anything herein before contained, at any time before the time has been framed, discharge the accused. 250. Compensation for aceusation without reasonabie cause. (1) lf in any case instituted upon complaint or upon information given to a police officer or to Magistrite, one or more persons is or are acccused before a Magistrate of any offence triable by a Magistrate, and the Magistrate by whom the case is beard discharges or acquits all or any of the accused, and is of opinion that there was no reasonabie ground for making the accusation against them or any of them, the Magistrate may, by his orde of discharge or accuital , if the person upon whose complaint or information or the accusation is present, call upon him forth how cause why y be should not pay compensation to such accused or to cach or any of such accused when there are more than one or, if such peson is not present direct the issue of a summons to him to appear and show cause as aforesaid. (2) The Magistrate shall record and consider any cause which such complainant or informant may show, and if he is satisfied that there was no reasonable ground for making the accusation, may for reasons to be recorded, máke an order that compensatíon to such amount not exceeding the amount of fine he is empowered to impose, as he may determine, be paid by such complainant or informant to the accused or to each or any of them. (3) The Magistrate may, by the order directing payment of the compensation under sub-section (2) further order that, in default of payment, the person ordered to pay such compensation shall under go simple imprisonment for a period not exceeding thirty days. (4) When any person is imprisonment under sub-section (3), the provisions of sections 68 and 69 of the lndiail Penal Code (45 of 1860) shall, so far as may be, apply. (5) No person who has been directed to pay compensation under this section shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made or information ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... given by him: Provided that any amount paid to an accused person under this section shall be taken in to account in awarding compensation to such person in any subsequent civil suit relating to the ssame matter. (6) A complainant or informant who has been ordered under sub-section (2) by a Magistrate of the second class to pay compensation exceeding one hundred rupees, may appeal from the order as if such complainant or infonnant had been convieted on a trial had by such Magistrate. (7) When an order for payment of compensation to an accused person is made in a case which is subject to appeal under sub-section (6), the compensation shall not be paid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided; and where such order is made in a case which is not so subject to appeal the compensation shall not be paid before the expiration of one month from the date of the order. (8) The provisions of this section apply to summons-cases as well as to warrant cases. 251. Substance of accusation to be stated. When in a summons-case the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether he pleads guilty or has any defence to make, but it shall not be necessary to frame a formal charge. 252. Conviction on plea of guilty. If the accused pleads guilty, the Magistrate shall record the plea as nearly as possible in the words used by the accused and may, in his discretion convict him thereon. 253. Conviction on plea of guilty in absence of accused in petty cases. (1) Where a summons has been issued under section 206 and the accused desires to plead guilty to the charge without appearing before the Magistrate, he shall transmit to the Magistrate, by post or by ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... When in a summons-case the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether he pleads guilty or has any defence to make, but it shall not be necessary to frame a formal charge. 252. Conviction on plea of guilty. If the accused pleads guilty, the Magistrate shall record the plea as nearly as possible in the words used by the accused and may, in his discretion convict him thereon. 253. Conviction on plea of guilty in absence of accused in petty cases. (1) Where a summons has been issued under section 206 and the accused desires to plead guilty to the charge without appearing before the Magistrate, he shall transmit to the Magistrate, by post or by messenger, a letter containing his plea and also the amount of fine specified in the summons. (2) The Magistrate may, in his discretion, convict the accused in his absence, on his plea of guilty and sentence him to pay the fine specified in the summons, and the amount transmitted by the accused shall be adjusted towards that fine, or where a pleader authorised by the accused in this behalf pleads guilty on behalf of the accused, the Magistrate shall record the plea as nearly as possible in the words used by the pleader and may, in his discretion, convict the accused on such plea and sentence him as aforesaid. 254. Procedure when not convicted. (1) If the Magistrate does not convict the accused under section 252 or section 253, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence. (2) The Magistrate may, if he thinks fit, on the application of the prosecution or the accused, issue a summons to any witness directing him to attend or to produce any document or other thing. ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... absence, on his plea of guilty and sentence him to pay the fine specified in the summons, and the amount transmitted by the accused shall be adjusted towards that fine, or where a pleader authorised by the accused in this behalf pleads guilty on behalf of the accused, the Magistrate shall record the plea as nearly as possible in the words used by the pleader and may, in his discretion, convict the accused on such plea and sentence him as aforesaid. 254. Procedure when not convicted. (1) If the Magistrate does not convict the accused under section 252 or section 253, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence. (2) The Magistrate may, if he thinks fit, on the application of the prosecution or the accused, issue a summons to any witness directing him to attend or to produce any document or other thing. (3) A Magistrate may, before summoning any witness on such application, require that the reasonable expenses of the witness incurred in attending for the purposes of the trial be deposited in court. 255. Acquittal or Conviction. (1) If the Magistrate, upon taking the evidence referred to in section 254 and such further evidence, if any, as he may, of his own motion, cause to be produced, finds the accused not guilt, he shall record an order of acquittal. (2) Where the Magistrate does not proceed in accordance with the provisions of section 325 or section 360, he shall, if he finds the accused guilty, pass sentence upon him according to law. (3) A Magistrate may, under section 252 or section 255, convict the accused of any offence triable under this Chapter which form the facts admitted or proved he appears to have committed, whatever may be the nature of the complaint or summons if the Magistrate is satisfied that the accused would not be prejudiced thereby. 256. Non-appearance or death of complainant. ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 255. Acquittal or Conviction. (1) If the Magistrate, upon taking the evidence referred to in section 254 and such further evidence, if any, as he may, of his own motion, cause to be produced, finds the accused not guilt, he shall record an order of acquittal. (2) Where the Magistrate does not proceed in accordance with the provisions of section 325 or section 360, he shall, if he finds the accused guilty, pass sentence upon him according to law. (3) A Magistrate may, under section 252 or section 255, convict the accused of any offence triable under this Chapter which form the facts admitted or proved he appears to have committed, whatever may be the nature of the complaint or summons if the Magistrate is satisfied that the accused would not be prejudiced thereby. 256. Non-appearance or death of complainant. (1) If the summons has been issued on complaint and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall notwithstanding anything hereinbefore contained, acquit the accused unless for some reason he thinks it proper to adjourn the hearing of the case to some other day: Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case. (2) The provisions of sub-section (1) shall, so far as may be, apply also to cases where the non-appearance of the complainant is due to his death. 257. Withdrawal of complaint. If a complainant, at any time before a final order is passed in any case under this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case. (2) The provisions of sub-section (1) shall, so far as may be, apply also to cases where the non-appearance of the complainant is due to his death. 257. Withdrawal of complaint. If a complainant, at any time before a final order is passed in any case under this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn. 258. Power to stop proceedings in certain cases. In any, summons that case instituted otherwise than upon complaint, a Magistrate of the first class or, with the previous sanction of the Chief Judicial Magistrate, any other Judicial Magistrate, may, for reasons to be recorded by him, stop the proceedings at any stage without pronouncing any judgment and where such stoppage of proceedings is made after the evidence of the principal witnesses has been recorded, pronounce a judgment of acquittal, and in any other case release, the accused, and such release shall have the effect of discharge 259. Power of court to convert summons-cases into warrant cases. When in the course of the trial of summon-case relating to an offence it appears to the magistrate punishable with imprisonment for a term exceeding six months, it appears to the Magistrate that in the interests of Justice, the offence should be tried in accordance with the procedure for the trial of warrant- cases, such Magistrate may proceed to rehear the case in the manner provided by, this Code for the trial of warrant-cases and may recall any witness who may have been examined. 260. Power to try summarily. ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... have been examined and proceed to re-hear, the case in the manner provided by this Code. ------- 1. Subs. by Act 25 of 2005, sec. 23, for "two hundred rupees". 2. Subs. by Act 25 of 2005, sec. 23, for "criminal intimidation". 261. Summary trial by Magistrate of the second class. The High Court may confer on any, Magistrate invested with the powers of a Magistrate of the second class power, to try summarily any offence which is punishable only with fine or with imprisonment for a term not exceeding, six months with or without fine, and any abetment of or attempt to commit any such offence. 262. Procedure for summary trials. (1) In trial under this Chapter, the procedure specified in this Code for the trial of summons-case shall be followed except as hereinafter mentioned. (2) No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this Chapter. 263. Record in summary trials. In every case tried summarily, the Magistrate shall enter, in such form as the State Government may direct, the following particulars, namely. (a) The serial number of the case; (b) The date of the commission of the offence; (c) The date of the report of complaint; (d) The name of the complainant (if any); (e) The name, parentage and residence of the accused; (f) The offence complained of and the offence (if any) proved, and in ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... Court 273. Evidence to be taken in presence of accused. Except as otherwise expressly provided all evidence taken in the course of the other proceeding shall be taken in the presence of the accused or, when his personal attendance is dispensed with, in the presence of his pleader. 1["Provided that where the evidence of a woman below the age of eighteen years who is alleged to have been subjected to rape or any other sexual offence, is to be recorded, the court may take appropriate measures to ensure that such woman is not confronted by the accused while at the same time ensuring the right of cross- examination of the accused.".] ------------------- 1. Inserted by Section 20 of "The Criminal Law (Amendment) Act, 2013" 274. Record in summons cases and inquiries. (1) In all summon cases tried before a magistrate in all inquiries under sections 145 to 148 (both inclusive), and in all proceedings under section 446 otherwise than in the Course of a trial, the Magistrate shall as the examination of each witness proceeds, make a memorandum of the substance of the evidence in the language of the court: Provided that if the Magistrate is unable to make such memorandum himself, he shall the after recording the reason of his inability cause such member to be made in writing or from his dictation in open court. (2) Such memorandum shall be signed by the Magistrate and shall form part of the record. 275. Record in warrant cases. (1) In all warrant-cases tried before a Magistrate, the evidence of each witness shall, as his examination proceeds, be taken down in writing either by his dictation in open court or, where he is unable to do so owing to a physical or other incapacity, under his direction ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... Magistrate or Chief Judicial Magistrate, as the case may be, within whose local jurisdiction the witness is to be found. (2) If the witness is in India, but in a State or an area to which this Code does not extend the commission shall be directed to such court or officer as the Central Government may, by notification specify in this behalf. (3) If the witness is in a country or place outside India and arrangements have been made by the Central Government with the Government of such country or place for taking the evidence of witnesses in relation to criminal matters, the commission shall be issued in such form, directed to such court or officer, and sent to such authority for transmission as the Central Government may, by notification prescribe in this behalf. 286. Execution of commissions. Upon receipt of the commission, the Chief Metropolitan Magistrate of Chief Judicial Magistrate, or such Metropolitan or Judicial Magistrate as he may appoint in this behalf, shall summon the witness before him or proceed to the place where the witness is, and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in trials of warrant cases under this Code. 287. Parties may examine witnesses. (1) The parties to any proceeding under this Code in which a commission is issued may respectively forward any interrogatories to the issue, and it shall be lawful for the Magistrate, court or officer to whom the Commission is directed, or to whom the duty of executing it is delegated, to examine (he witness upon such interrogatories. (2) Any such party may appear before such Magistrate, court or officer by pleader, or if not in custody, in person, and may examine, cross- examine and reexamine (as the case may be) the said witness. 288. Return of commissions. (1) After any commission issued under section 284 has been duly, executed, it shall he returned, together with the deposition of the witness examined there under, to the court or Magistrate issuing the commission; and the commission, the return thereto and the deposition ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (a) Any such court, Judge or Magistrate exercising jurisdiction within an area India to which this Code does not extend, as the Central Government may, by notification, specify, in this behalf; (b) Any court, Judge or Magistrate exercising jurisdiction in any such country or place outside India, as the Central Government may, by notification, specie in this behalf, and having authority under the law in force in that country of place, to issue commissions for the examination of witnesses in relation in relation to criminal matters. 291. Deposition of medical witness. (1) The deposition of a civil surgeon or other medical witness, taken and attested by a Magistrate in the presence of the accused or taken on commission under this Chapter, may be given in evidence in any injury or other proceeding under this Code, although the deponent is not called as a witness. (2) The court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any such deponent as to the subject matter of his deposition. 291 A. Identification report of Magistrate. 1[Identification report of Magistrate. (1) Any document purporting to be a report of identification under the hand of an Executive Magistrate in respect of a person or property may be used as evidence in any inquiry, trial or other proceeding under this Code, although such Magistrate is not called as a witness: Provided that where such report contains a statement of any suspect or witness to which the provisions of section 21, section 32, section 33, section 155 or section 157, as the case may be, of the Indian Evidence Act, 1872 (1 of 1872), apply, such statement shall not be used under this sub-section except in accordance with the provisions of those sections. (2) The Court may, if it thinks fit, and shall, on the application of the prosecution or of the accused, summon and examine such Magistrate as to the subject-matter of the said report.] CrPC (Amendment) Act, 2005 (Notes on Clauses) ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... Provided that where such report contains a statement of any suspect or witness to which the provisions of section 21, section 32, section 33, section 155 or section 157, as the case may be, of the Indian Evidence Act, 1872 (1 of 1872), apply, such statement shall not be used under this sub-section except in accordance with the provisions of those sections. (2) The Court may, if it thinks fit, and shall, on the application of the prosecution or of the accused, summon and examine such Magistrate as to the subject-matter of the said report.] CrPC (Amendment) Act, 2005 (Notes on Clauses) Under the existing provisions of the Code an identification memo is required to be proved in the Court by examination of the Magistrate, who conducted the proceedings. These facts are generally not disputed. In order to save time of the Court, section 291A has been inserted with a view to make memorandum of identification prepared by the Magistrates admissible in evidence without formal proof of facts stated therein with a provision that the Court may, if it thinks fit, on the application of the prosecution or the accused, summon or examine the Magistrate as to the subject-matter contained in the memorandum of identification. ------- 1. Ins. by Act 25 of 2005, sec. 24. 292. Evidence of officers of the Mint. (1) Any document purporting to be a report under the hand of any such gazetted officer of the Mint 1[officer of any Mint or of any Note Printing Press or of any Security Printing Press (including the officer of the Controller of Stamps and Stationery) or of any Forensic Department or Division of Forensic Science Laboratory or any Government Examiner of Questioned Documents or any State Examiner of Questioned Documents, as the case may be,] as the Central Government may, by notification, specify in this behalf, upon any matter or thing duly submitted to him for examination and report in the course of any proceeding under this Code, may be used as evidence in any inquiry, trial or other proceeding under this Code, although such officer is not called as a witness. ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... ------- 1. Ins. by Act 25 of 2005, sec. 24. 292. Evidence of officers of the Mint. (1) Any document purporting to be a report under the hand of any such gazetted officer of the Mint 1[officer of any Mint or of any Note Printing Press or of any Security Printing Press (including the officer of the Controller of Stamps and Stationery) or of any Forensic Department or Division of Forensic Science Laboratory or any Government Examiner of Questioned Documents or any State Examiner of Questioned Documents, as the case may be,] as the Central Government may, by notification, specify in this behalf, upon any matter or thing duly submitted to him for examination and report in the course of any proceeding under this Code, may be used as evidence in any inquiry, trial or other proceeding under this Code, although such officer is not called as a witness. (2) The Court may, if it thinks fit, summon and examine any such officer as to the subject-matter of this report: Provided that no such officer shall be summoned to produce any records on which the report is based. (3) Without prejudice to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872) no such officer shall, 2[except with the permission of the General Manager or any officer in charge of any Mint or of any Note Printing Press or of any Security Printing Press or of any Forensic Department or any officer in charge of the Forensic Science Laboratory or of the Government Examiner of Questioned Documents Organisation or of the State Examiner of Questioned Documents Organisation, as the case may be,] be permitted- (a) to give any evidence derived from any unpublished official records on which the report is based; or (b) to disclose the nature or particulars of any test applied by him in the course of the examination of the matter or thing. CrPC (Amendment) Act, 2005 (Notes on Clause) ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... Security Press and also makes certain other consequential changes. ------- 1. Subs. by Act 2 of 2006, sec. 5 for "gazetted officer of the Mint or of the India Security Press (including the office of the Controller of Stamps and Stationery)" (w.e.f. 16-4-2006). 2. Subs. by Act 2 of 2006, sec. 5, for "except with the permission of the Master of the Mint, or the Indian Security Press or the Controller of Stamps and Stationery, as the case may be" (w.e.f. 16-4-2006). 293. Reports of certain Government scientific experts. (1) Any document purporting to be a report under the hand of a Government scientific expert to whom this section applies, upon any matter or thing duly submitted to him for examination or analysis and report in the course of any proceeding under this Code, may be used as evidence in any inquiry, trial or other proceeding under this Code. (2) The Court may, if it thinks fit, summon and examine any such expert as to the subject-matter of his report. (3) Where any such expert is summoned by a Court and he is unable to attend personally, he may, unless the Court has expressly directed him to appear personally, depute any responsible officer working with him to attend the Court, if such officer is conversant with the facts of the case and can satisfactorily depose in Court on his behalf. (4) This section applies to the following Government scientific experts, namely:- (a) any Chemical Examiner or Assistant Chemical Examiner to Government; 1[(b) the Chief Controller of Explosives;] (c) the Director of the Finger Print Bureau; (d) the Director, Haffkeine Institute, Bombay; (e) the Director 2[Deputy Director or Assistant Director] of a Central Forensic Science Laboratory or a State Forensic Science Laboratory; ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... Provided that the court may, in its discretion, require such signature to be proved. 295. Affidavit in proof of conduct of public servants. When any application is made to any court in the course of any inquiry, trial or other proceeding under this Code, and allegations are made therein respecting any public servant, the applicant may give evidence of the facts alleged in the application by affidavit, and the court may, if it thinks fit, order that evidence relating to such facts be so given. 296. Evidence of formal character on affidavit. (1) The evidence of any person whose evidence is of a formal character may be given by affidavit and may, subject to all just exceptions, be read in evidence in any inquiry, trial or other proceeding under this Code. (2) The court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any such person as to the facts contained in his affidavit. 297. Authorities before whom affidavits may be sworn. (1) Affidavits to he used before any court under this Code may be sworn or affirmed before- 1[(a) Any Judge or any Judicial or Executive Magistrate, or] (b) Any Commissioner of Oaths appointed by a High Court or Court of Session, or (c) Any notary appointed under the Notaries Act, 1952 (53 of 1952). (2) Affidavits shall be confined to, and shall state separately, such facts as the deponent is able to prove from his own knowledge and such facts as he has reasonable ground to believe to be true, and in the latter case, the deponent shall clearly state the ground of such belief (3) The court may order any scandalous and irrelevant matter in the affidavit to be struck out or amended. ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 1. Ins. by Act 45 of 1978, Sec. 24 (w.e.f. 18-12-1978). 2. Inserted by Section 21 of "The Criminal Law (Amendment) Act, 2013" 310. Local inspections. (1) Any Judge or Magistrate may, at any stage of any inquiry, trial or other proceeding, after due notice to the parties, visit and inspect any place in which an offence is alleged to have been committed, or any other place which it is in his opinion necessary to view for the purpose of properly appreciating the evidence given at such inquiry or trial, and shall without unnecessary delay record a memorandum of any relevant facts observed at such inspection. (2) Such memorandum shall form part of the record of the case and if the prosecutor, complainant or accused or any other party to the case, so desires, a copy of the memorandum shall be furnished to him free of cost. 311. Power to summon material witness, or examine person present. Any court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person its a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case. 1[311A. Power of Magistrate to order person to give specimen signatures or handwriting. If a Magistrate of the first class is satisfied that, for the purposes of any investigation or proceeding under this Code, it is expedient to direct any person, including an accused person, to give specimen signatures or handwriting, he may make an order to that effect and in that case the person to whom the order relates shall be produced or shall attend at the time and place specified in such order and shall give his specimen signatures or handwriting: Provided that no order shall be made under this section unless the person has at some time been arrested in connection with such investigation or proceeding.] ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... Subject to any rules made by the State Government, any Criminal Court may, if it thinks fit, order payment, on the part of Government, of the reasonable expenses of any complainant or witness attending for the purposes of any inquiry, trial or other proceeding before such court under this Code. 313. Power to examine the accused. (1) In every inquiry or trial, for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him, the court- (a) May at any stage, without previously warning the accused put such questions to him as the court considers necessary; (b) Shall after the witnesses for the prosecution have been examined and before he is called on for his defence question him generally on the case: Provided that in a summons-case where the court has dispensed with the personal, attendance of the accused, it may also dispense with his examination under clause (b). (2) No oath shall be administered to the accused when he is examined under sub-section (1). (3) The accused shall not render him self-liable to punishment by refusing to answer such question, or by giving false answers to them. (4) The answers given by the accused may be taken into consideration in such inquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for, any other offence which such answers may tend to show he had committed. 314. Oral arguments and memorandum of arguments. (1) Any party to a proceeding may, as soon as may be after the close of his evidence, address concise oral arguments, and may, before he concludes the oral arguments, if any, submit a memorandum to the court setting forth concisely and under distinct headings, the arguments in support of his case and every such memorandum shall form part of the record. ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 318. Procedure where accused does not understand proceedings. If the accused, though not of unsound mind, cannot be made to understand the proceedings, the court may proceed with the inquiry or trial; and in the case of a Court other than a High Court if such proceedings result in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the High Court shall pass thereon such order as it thinks fit. 319. Power to proceed against other persons appearing to be guilty of offence. (1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which Such person could be tried together with the accused, the court may proceed against such person for the offence which he appears to have committed. (2) Where such person is not attending the court he may be arrested or Summoned, as the circumstances of' the case may require, for the purpose aforesaid. (3) Any person attending the court although not trader arrest or upon a summon, may be detained by such court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed. (4) Where the court proceeds against any person under subsection (1) then- (a) The proceedings in respect of such person shall be commenced afresh, and witnesses re-heard. (b) Subject to the provisions of clause (a), the case may proceed as if such person had been an accused person when the court took cognizance of the offence upon which the inquiry or trial was commenced. 320. Compounding of offences. (1) The offences punishable under the sections of the Indian Penal Code (45 of 1860) specified in the first two columns of the Table next following may be compounded by the persons mentioned in the third ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... submitted may, if he thinks fit, examine the parties and recall and examine any witness who has already given evidence in the case and may call for and take any further evidence, and shall pass such judgment, sentence or order in the case as he thinks fit, and as is according to law. 326. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another. (1) Whenever any 1[Judge or Magistrate] after having heard and recorded the whole or any part of the evidence in an inquiry or a trial, ceases to exercises jurisdiction therein and us succeeded by another 1[Judge or Magistrate] who has and who exercises such jurisdiction, the 1[Judge of Magistrate] so succeeding may act on the evidence so recorded by his predecessor and partly recorded by himself. Provided that if the succeeding 1[Judge or Magistrate] is of opinion that further examination of any of the witness whose evidence has already been recorded is necessary in the interests of justice, he may re-summon any such witness, and after such further examination, cross- examination and re-examination, if any, as he may permit, the witness shall be discharged. (2) When a case is transferred under the provisions of this Code 2[from one Judge to another Judge or from one Magistrate to another Magistrate,] the former shall be deemed to cease to exercise jurisdiction therein, and to be succeeded by the latter, within the meaning of sub-section (1). (3) Nothing in this section applies to summary trials or to cases in which proceedings have been stayed under section 322 or in which proceedings have been submitted to a superior Magistrate under section 325. 1. Subs. by Act 45 of 1978, Sec. 27 for "Magistrate " (w.e.f. 18-12- 1978). 2. Subs. by Act 45 of 1978, Sec. 27 for "from Magistrate to another Magistrate" (w.e.f. 18-12-1978). STATE AMENDMENTS ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... or on apology being made to its satisfaction. 349. Imprisonment or Committal of person refusing to answer or produce document. If any witness or person called to produce a document or thing before a Criminal Court refuses to answer such question as are put to him or to produce any document or thing in his possession or power which the Court requires him to produce, and does not, after a reasonable opportunity has been given to him so to do, offer any reasonable excuse for such refusal such Court may, for reasons to be recorded in writing, sentence him to simple imprisonment or by warrant under the hand of the presiding Magistrate or Judge commit him to the custody of an officer of the Court for any term not exceeding seven days, unless in the meantime, such person consents to be examined and to answer, or to produce the document or thing and in the event of his persisting in his refusal he may be dealt with according to the provisions of section 345 of section 346. 350. Summary procedure for punishment for non-attendance by a witness in obedience to summons. (1) If any witness being summoned to appear before a Criminal Court legally bound to appear at a certain place and time in obedience to the summons and without just excuse neglects or refuses to attend at that place or time or departs from the place where he has to attend before the time at which it is law full for him to depart, and the Court before which the witness is to appear is satisfied that it is expedient in the interest of justice that such a witness should be tried summarily, the Court may take cognizance of the offence and after giving the offender an opportunity of showing cause why he should not be punished under this section, sentence him to fine not exceeding one hundred rupees. (2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials. 351. Appeals from convictions under section 344, 345, 349 and 350. (1) Any person sentenced by any Court other than a High Court under section 344, section 345, section 349 or section 350 may, notwithstanding anything contained in this Code appeal to the Court to which decrees or orders made in such Court are ordinarily appeal able. ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... in-charge of a police station before the disposal of the application of such person for a direction under this subsection, the release of such person on bail by a court having jurisdiction, pending such disposal shall be subject to the provisions of section 437. (1A) The provisions of sub-section (1) shall have effect notwithstanding anything to the contrary contained elsewhere in this Act or in any judgment, decree or order of any court, tribunal or other authority". [ Vide W.B. Act 25 of 1990]. COMMENTS (i) Section 438 makes no distinction whether the arrest is apprehended at the hands of the police or at the instance of the Magistrate; Sennasi v. State of Tamil Nadu, (1997) 3 Crimes 112 (Mad). (ii) The grant of bail under section 438 (1) by the High Court or the Court of Session is dependent on the merits of a case and not the order of the Magistrate choosing to summon an accused through bailable or non-bailable warrant; Sennasi v. State of Tamil Nadu, (1997) 3 Crimes 112 (Mad). (iii) Anticipatory bail may be granted for a duration which may extend to the date on which the bail application is to be disposed of or even a few day thereafter to enable the accusesd to move the higher court if he so desires; Sennasi v. State of Tamil Nadu, (1997) 3 Crimes 112 (Mad). ------- 1. Subs. by Act 25 of 2005, sec. 38, for "(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for direction under this section; and the Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail". 439. Special powers of High Court or Court of Session regarding bail. (1) A High Court or Court of Session may direct. ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (a) In the case of an omission to frame a charge, order that a charge be framed and that the trial be recommenced from the point immediately after the framing of the charge. (b) In the case of an error, omission or irregularity in the charge, direct a new trial to be had upon a charge framed in whatever manner it thinks fit: Provided that if the court is of opinion that the facts of the case are such that no valid charge could be preferred against the accused in respect of the facts proved, it shall quash the conviction. 465. Finding or sentence when reversible by reason of error, omission or irregularity. (1) Subject to the provisions hereinbefore contained, on finding sentence or order passed by a court of competent jurisdiction shall be reversed or altered by a court of appeal, confirmation or revision on account of any error, omission or irregularity in the complaint, summons, warrant, proclamation, order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this Code, or any error, or irregularity in any sanction for the prosecution unless in the opinion of that court, a failure of justice has in fact been occasioned thereby. (2) In determining whether any error, omission or irregularity in any proceeding under this Code, or any error, or irregularity in any sanction for the prosecution has occasioned a failure of justice, the court shall have regard to the fact whether the objection could and should have been raised at an earlier stage in the proceedings. 466. Defect or error not to make attachment unlawful. No attachment made under this Code shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account of any defect or want or form in the summons, conviction, writ of attachment or other proceedings relating thereto. 467. Definitions. For the purposes of this Chapter, unless the context otherwise, requires, "period of limitation" means the period specified in section ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... treating only, fine only.-Non-cognizable-Bailable-Magistrate of any class. 171F.-Undue influence at an election.-Imprisonment for one year, or fine, or both.-Non-cognizable-Bailable-Magistrate of any class. -Presonation at an election.-Imprisonment for one year, or fine, or both.-Cognizable-Bailable-Magistrate of any class. 171G.-False statement in connection with an election.-Fine-Non- cognizable-Bailable-Magistrate of any class. 171H.-Illegal payments in connection with election.-Fine of 500 rupees.-Non-cognizable-Bailable-Magistrate of any class. 171-I.-Failure to keep election accounts.-Fine of 500 rupees.-Non- cognizable-Bailable-Magistrate of any class. CHAPTER X- CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS 172-Absconding to avoid service of summons or other proceeding from a public servant.-Simple imprisonment for one month or fine of 500 rupees, or both.-Non-cognizable-Bailable-Any Magistrate. -If summons or notice require attendance in person. etc, in a court of justice-Simple imprisonment for 6 months or fine of 1000 rupees or both.-Non-cognizable-Bailable-Any Magistrate. 173-Preventing the service or the affixing of any Summons of notice or the removal of it when it has been affixed or preventing a proclamation.-Simple imprisonment for 1 month or fine of 500 rupees or both.-Non-cognizable-Bailable-Any Magistrate. -If summons etc., require attendance in person. etc., in a court of Justice.-Simple imprisonment for 6 month or fine of 1000 rupees, or both-Non-cognizable-Bailable-Any Magistrate. 174-Not obeying a legal order to attend at a certain place in person or by agent, or departing therefrom without authority.-Simple imprisonment for 1 month or fine of 500 rupees or both-Non-cognizable- Bailable-Any Magistrate. -If the order requires personal Attendance, etc. in court of justice.- ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... If punishable with imprisonment for 3 years, and upwards but not more than 7 years. Cognizable Non-bailable Magistrate of the first class. If punishable with imprisonment for less than 3 years or with fine only. Non-cognizable Bailable Any Magistrate. 1. Vide Andhra Pradesh Act 3 of 1992, Section 2 (w.e.f. 15-2-1992). 2. Inserted by Act 46 of 1983, section 6 (w.e.f. 25-12-1983). 3. Vide A.P.G.O. Ms. No. 732, dated 5th December, 1991. 4. Vide Notification. No. 777/VIII 9-4(2)-87, dated 31st July, 1989, published in U.P. Gazette, Extra, Part-A, Section (Kha), dated 2nd August, 1989. THE CODE OF CRIMINAL PROCEDURE, 1973-THE SECOND SCHEDULE Form 1. Summons to an Accused Person See section 61 To ......... (name of accused) of ......... (address) WHEREAS your attendance is necessary to answer to a charge of ......... (state shortly the offence charged), you are hereby required to appear in person (or by pleader, as the case may be) before the (Magistrate) of ......... on the ......... day of ......... Herein fail not. Dated, this ......... day of ........., 20 ......... (Seal of Court) (Signature) Form 2. Warrant of Arrest See section 70 To ......... (name and designation of the person or persons who is or are to execute the warrant). WHEREAS (name of accused) of (address) stands charged with the offence of ......... (state the offence), you are hereby directed to arrest the said ......... and to produce him before me. Herein fail not. ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... completion of the inquiry in the matter of ......... now pending in the Court of ........., I hereby bind myself to be of good behaviour to Government and all the citizens of India during the said term or until the completion of the said inquiry; and, in case of my making default therein, I hereby myself to forfeit to Government the sum of rupees ......... Dated, this ......... day of ........., 20 ......... (Seal of the Court) (Signature) Where a bond with sureties is to be executed, add.. We do hereby declare ourselves sureties for the above-named ......... that he will be of good behaviour to Government and all the citizens of India during the said term or until the completion of the said inquiry; and, in case of his making default therein, we bind ourselves, jointly and severally, to forfeit to Government the sum of rupees ......... Dated, this ......... day of ........., 20 ......... (Seal of the Court) (Signature) Form 14. Summons of information of a probably breach of the peace See section 113 To ......... of ......... WHEREAS is has made to appear to me by credible information that ......... (state the substance of the information), and that you are likely to commit a breach of the peace (or by which act a breach of the peace will probably be occasioned), you are hereby required to attend in person (or by a duly authorised agent) at the office of the Magistrate of ......... on the ......... day of 20 ......... at ten o'clock in the forenoon, to show cause why you should not be required to enter in to a bond for rupees ......... when sureties are required, add, and also to give security by the bond of one (or two, as the case may be) surety (or sureties) in the sum of rupees ......... (each if more than one) that you will keep the peace for the term of ......... Dated, this ......... day of ........., 20 ......... (Seal of the Court) (Signature) Form 15. Warrant of commitment on failure to find security to keep the peace ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... commit a breach of the peace (or by which act a breach of the peace will probably be occasioned), you are hereby required to attend in person (or by a duly authorised agent) at the office of the Magistrate of ......... on the ......... day of 20 ......... at ten o'clock in the forenoon, to show cause why you should not be required to enter in to a bond for rupees ......... when sureties are required, add, and also to give security by the bond of one (or two, as the case may be) surety (or sureties) in the sum of rupees ......... (each if more than one) that you will keep the peace for the term of ......... Dated, this ......... day of ........., 20 ......... (Seal of the Court) (Signature) Form 15. Warrant of commitment on failure to find security to keep the peace See section 122 To the Officer in charge of the Jail at ......... WHEREAS ......... (name and address) appeared before me in person (or by his authorised agent) on the ......... day of ......... in obedience to a summons calling upon him to show cause why he should not enter into a bond for rupees ......... with one surety (or a bond with two sureties each in rupees) that be, the said ......... (name), would keep the peace for the period of ......... months; and whereas an order was then made requiring the said ......... (name) to enter into and find such securities (state the security ordered when if differs from that mentioned in the summons), and he has failed to comply with the said order; This is to authorise and require you to receive the said ......... (name) into your custody, together with this warrant, and him safely to keep in the said jail for the said period of ......... (term of imprisonment) unless he shall in the meantime be lawfully ordered to be released, and to return this warrant with an endorsement certifying the manner of its execution. Dated, this ......... day of ........., 20 ......... (Seal of the Court) (Signature) Form 16. Warrant of commitment on failure to find security for good behaviour See section 122 ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... forfeit to Government, the sum of rupees ......... Dated, this ......... day of ........., 20 ......... (Seal of the Court) (Signature) Form 29. Bond to prosecute or give Evidence See section 170 I, ......... (name), of ........., (place) do hereby bind myself to attend at ......... in the Court of ......... at ......... o'clock on the ......... day of ......... next and then and there to prosecute (or to prosecute and give evidence) (or to give evidence) in the matter of a charge of ......... against one A.B. and, in case of making default herein. I bind myself to forfeit to Government the sum of rupees ......... Dated, this ......... day of ........., 20 ......... (Seal of the Court) (Signature) Form 30. Special summons to a person accused of a Petty Offence See section 206 To ......... (Name of the accused) of ......... (address) WHEREAS your attendance is necessary to answer a charge of a petty offence ......... (state shortly the offence charged), you are hereby required to appear in person (or by pleader) before ......... (Magistrate) of ......... on the ......... day of ......... 20 ........., or if you desire to plead guilty to the charge without appearing before the Magistrate, to transmit before the aforesaid date the plea of guilty in writing and the sum of ......... rupees as fine, or if you desire to appear by pleader and to plead guilty through such pleader, to authorize such pleader. Herein fail not. Dated, this ......... day of ........., 20 ......... (Seal of the Court) (Signature) (Note.-The amount of fine specified in this summons shall not exceed one hundred rupees.) Form 31. Notice of commitment by Magistrate to Public Prosecutor ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... I, ......... (name and office of Magistrate, etc.), hereby charge you ......... (name of accused person) as follows - That you, on or about the ......... day of ........., at ........., committed theft, and thereby committed an offence punishable under section 379 of Indian Penal Code, and within the cognizance of the Court of Session (or Magistrate, as the case may be.) And you, the said ......... (name of accused), stand further charged that you, before the committing of the said offence, that is to say, on the ......... day of ........., had been convicted by the ......... (state Court by which conviction was had) at ......... of an offence punishable under Chapter XVII of the Indian Penal Code with imprisonment or a them of three years, that is to say, the offence of house-breaking by night ......... (describe the offence in the words used in the section under which the accused was convicted), which conviction is still in full force and effect, and that you are thereby liable to enhanced punishment under section 75 of the Indian Penal Code. And I hereby direct that you be tried, etc. Form 33. Summons to witness See section 61 and 244 s244 To ......... of ......... WHEREAS complaint has been made before me that ......... (name of the accused) of ......... (address) has (or is suspected to have) committees the offence of .........) state the offence concisely with time and place), and it appears to me that you are likely to give material evidence or to produce any document or other thing for the prosecution; You are hereby summoned to appear before this Court on the ......... day of ......... next at ten o'clock in the forenoon, to produce such document or thing or to testify what you know concerning the matter of the said complaint, and not to depart thence without leave of the Court; and you are hereby warned that, if you shall without just excuse neglect or refuse to appear on the said date, a warrant will be issued to compel your attendance. Dated, this ......... day of ........., 20 ......... (Seal of the Court) (Signature) Form 34. Warrant of commitment on a sentence of imprisonment or fine ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... been adjudged by the Court to pay a fine of rupees ........., or in default to suffer simple imprisonment for the period of ......... (state the number of months or days); This is to authorise and require you to receive the said ......... (name of offender) into your custody, together with this warrant, and him safely to keep in the said Jail for the said period of ......... (term of imprisonment), unless the said fine be sooner paid; and, on the receipt thereof, forthwith to set him at liberty, returning this warrant with an endorsement certifying the manner of its execution. Dated, this ......... day of ........., 20 ......... (Seal of the Court) (Signature) Form 39. Magistrate's or Judge's Warrant of Commitment of Witness refusing to answer or to produce Document See section 349 To ......... (name and designation of officer of Court). WHEREAS ......... (name and description), being summoned (or brought before this Court) as a witness and this day required to give evidence on an inquiry into an alleged offence, refused to answer a certain question (or certain questions) put to him touching the said alleged offence, and duly recorded, or having been called upon to produce any document has refused to produce such document, without alleging any just excuse for such refusal, and for his refusal has been ordered to be detained in custody for ......... (term of detention adjudged); This is to authorise and require you to take the said ......... (name) into custody, and him safely to keep in your custody for the period of ......... days, unless in the meantime he shall consent to be examined and to answer the questions asked of him, or to produce the document called for from him, and on the last of the said days, or forthwith on such consent being known, to bring him before this Court to be dealt with according to law, returning this warrant with an endorsement certifying the manner of its execution. Dated, this ......... day of ........., 20 ......... (Seal of the Court) (Signature) Form 40. Warrant of commitment under sentence of death See section 366 ........................................................