Date:-22/04/2024 Retrieved Rubrics -SUMMON ------------------------- Retrieved Rubrics - from : SELECTED LEGISLATION ------------------------------------------------ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ officer to a Magistrate under sub-section (3) of section 193; (u) "police station" 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; (v) "Public Prosecutor" means any person appointed under section 18, and includes any person acting under the directions of a Public Prosecutor; (w) "sub-division" means a sub-division of a district; (x) "summons-case" means a case relating to an offence, and not being a warrant-case; (y) "victim" means a person who has suffered any loss or injury caused by reason of the act or omission of the accused person and includes the guardian or legal heir of such victim; (z) "warrant-case" means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years. 2 of 2000. (2) Words and expressions used herein and not defined but defined in the Information ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ Arrest to be made strictly according to Sanhita. 62. No arrest shall be made except in accordance with the provisions of this Sanhita or any other law for the time being in force providing for arrest. CHAPTER VI PROCESSES TO COMPEL APPEARANCE A.-Summons Form of summons. 63. Every summons issued by a Court under this Sanhita shall be,- (i) 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; or (ii) in an encrypted or any other form of electronic communication and shall bear the image of the seal of the Court or digital signature. ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ summons. 63. Every summons issued by a Court under this Sanhita shall be,- (i) 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; or (ii) in an encrypted or any other form of electronic communication and shall bear the image of the seal of the Court or digital signature. Summons how served. 64. (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: Provided that the police station or the registrar in the Court shall maintain a register to enter the address, email address, phone number and such other details as the State Government may, by rules, provide. (2) The summons shall, if practicable, be served personally on the person summoned, ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 64. (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: Provided that the police station or the registrar in the Court shall maintain a register to enter the address, email address, phone number and such other details as the State Government may, by rules, provide. (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: Provided that summons bearing the image of Court's seal may also be served by electronic communication in such form and in such manner, as the State Government may, by rules, provide. (3) Every person on whom a summons is so served personally shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate. Service of summons on corporate bodies, firms, ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ as the State Government may, by rules, provide. (3) Every person on whom a summons is so served personally shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate. Service of summons on corporate bodies, firms, and societies. 65. (1) Service of a summons on a company or corporation may be effected by serving it on the Director, Manager, Secretary or other officer of the company or corporation, or by letter sent by registered post addressed to the Director, Manager, Secretary or other officer of the company or 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, "company" means a body corporate and "corporation" means an incorporated company or other body corporate registered under the Companies Act, 2013 or a society registered under the Societies Registration Act, 1860. ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ the company or corporation, or by letter sent by registered post addressed to the Director, Manager, Secretary or other officer of the company or 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, "company" means a body corporate and "corporation" means an incorporated company or other body corporate registered under the Companies Act, 2013 or a society registered under the Societies Registration Act, 1860. (2) Service of a summons on a firm or other association of individuals may be effected by serving it on any partner of such firm or association, or by letter sent by registered post addressed to such partner, in which case the service shall be deemed to have been effected when the letter would arrive in ordinary course of post. 18 of 2013. 21 of 1860. Sec. 1] 21 21 66. Where the person summoned cannot, by the exercise of due diligence, be found, ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ or by letter sent by registered post addressed to such partner, in which case the service shall be deemed to have been effected when the letter would arrive in ordinary course of post. 18 of 2013. 21 of 1860. Sec. 1] 21 21 66. 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 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. Service when persons summoned cannot be found. Explanation.-A servant is not a member of the family within the meaning of this ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ persons summoned cannot be found. Explanation.-A servant is not a member of the family within the meaning of this section. 67. If service cannot by the exercise of due diligence be effected as provided in section 64, section 65 or section 66, 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. Procedure when service cannot be effected as before provided. ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 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. Procedure when service cannot be effected as before provided. 68. (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 64, and shall return it to the Court under his signature with the endorsement required by that section. Service on Government servant. (2) Such signature shall be evidence of due service. 69. When a Court desires that a summons issued by it shall ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ which such person is employed; and such head shall thereupon cause the summons to be served in the manner provided by section 64, and shall return it to the Court under his signature with the endorsement required by that section. Service on Government servant. (2) Such signature shall be evidence of due service. 69. When a Court desires that a summons issued by it shall be served at any place outside its local jurisdiction, it shall ordinarily send such summons in duplicate to a Magistrate within whose local jurisdiction the person summoned resides, or is, to be there served. Service of summons outside local limits. 70. (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 ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ served. Service of summons outside local limits. 70. (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 64 or section 66) 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. Proof of service in such cases and when serving officer not present. ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ statements made therein shall be deemed to be correct unless and until the contrary is proved. Proof of service in such cases and when serving officer not present. (2) The affidavit mentioned in this section may be attached to the duplicate of the summons and returned to the Court. (3) All summons served through electronic communication under sections 64 to 71 (both inclusive) shall be considered as duly served and a copy of such summons shall be attested and kept as a proof of service of summons. 71. (1) Notwithstanding anything contained in the preceding sections 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 electronic communication or by registered post addressed to the witness at the place where he ordinarily resides or carries on business or personally works for ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ attested and kept as a proof of service of summons. 71. (1) Notwithstanding anything contained in the preceding sections 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 electronic communication or by registered post addressed to the witness at the place where he ordinarily resides or carries on business or personally works for gain. Service of summons on witness. (2) When an acknowledgement 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 or on the proof of delivery of summons under sub-section (3) of section 70 by electronic communication to the satisfaction of the Court, the Court issuing summons may deem that the summons has been duly served. B.-Warrant of arrest 72. (1) Every warrant of arrest issued by a Court under this Sanhita shall be in writing, ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 89. Any person referred to in sub-section (3) of section 88, 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. D.-Other rules regarding processes Issue of warrant in lieu of, or in addition to, summons. 90. A Court may, in any case in which it is empowered by this Sanhita 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 such summons, or after the issue of the same but before the 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 ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ (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. Power to take bond or bail bond for appearance. 91. 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 or bail bond for his appearance in such Court, or any other Court to which the case may be transferred for trial. Arrest on breach of bond or bail bond for appearance. 92. When any person who is bound by any bond or bail bond taken under this Sanhita to appear before a Court, does not appear, the ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ appearance. 92. When any person who is bound by any bond or bail bond taken under this Sanhita 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. Provisions of this Chapter generally applicable to summons and warrants of arrest. 93. The provisions contained in this Chapter relating to summons and warrant, and their issue, service and execution, shall, so far as may be, apply to every summons and every warrant of arrest issued under this Sanhita. CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS A.-Summons to produce Summons to produce ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 94. (1) Whenever any Court or any officer in charge of a police station considers that the production of any document, electronic communication, including communication devices, which is likely to contain digital evidence or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Sanhita Sec. 1] 27 27 by or before such Court or officer, such Court may issue a summons or such officer may, by a written order, either in physical form or in electronic form, require the person in whose possession or power such document or thing is believed to be, 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. (3) Nothing in this section shall be deemed- 13 of 1891. ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ (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 authority 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). B.-Search-warrants 96. (1) Where- (a) any Court has reason to believe that a person to whom a summons order under section 94 or a requisition under sub-section (1) of section 95 has been, or might be, addressed, will not or would not produce the document or thing as required by such summons or requisition; or When searchwarrant may be issued. (b) such document or thing is not known to the Court to be in the possession of any person; or (c) the Court considers that the purposes of any inquiry, trial or other proceeding under this Sanhita will be served by a general search or ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 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 30 30 prepared by such officer or other person and signed by such witnesses; 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 ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ impound document, etc., produced. 110. (1) Where a Court in the territories to which this Sanhita extends (hereafter in this section referred to as the said territories) desires that- Reciprocal arrangements regarding processes. (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 32 32 (d) a search-warrant, 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, ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ (c) a summons to any person requiring him to attend and produce a document or other thing, or to produce it; or 32 32 (d) a search-warrant, 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 70 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 or 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, ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 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 send 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 thing, or to produce it; or (d) a search-warrant, issued by- (I) a Court in any State or area 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 ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 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 specified by sections 82 and 83; (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 specified by section 104: 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. CHAPTER VIII RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY Definitions. 111. In this Chapter, unless the context otherwise requires,- ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ shall be deemed to be the evidence collected during the course of investigation under this Sanhita. 113. (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 Judicial 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 Letter of request from a country or place outside India to a Court or an authority for investigation in India. ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 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) 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 Assistance in securing transfer of persons. 34 34 person to such Court, Judge or Magistrate, in such form as the Central Government may, 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 ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ transferred by any mode whatsoever such transfers 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 120, then, the transfer of such property shall be deemed to be null and void. Procedure in respect of letter of request. 123. 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. Application of this Chapter. 124. 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 ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ amount of the bond to be executed, the term for which it is to be in force and the number of sureties, after considering the sufficiency and fitness of sureties. Procedure in respect of person present in Court. 131. 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. Summons or warrant in case of person not so present. 132. 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: Copy of order to accompany summons or ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ not so present. 132. 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: Copy of order to accompany summons or warrant. 133. Every summons or warrant issued under section 132 shall be accompanied by a copy of the order made under section 130, 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. Power to dispense with personal attendance. 134. The Magistrate may, if he sees sufficient cause, dispense with the personal attendance of any person called upon to show cause why he ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ should not be ordered to execute a bond for keeping the peace or for good behaviour and may permit him to appear by an advocate. Inquiry as to truth of information. 135. (1) When an order under section 130 has been read or explained under section 131 to a person present 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 132, 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. 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 fear 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 ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 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. Sec. 1] 39 39 (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-cases. (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 a breach of the peace or disturbance of the public tranquillity or the commission of any offence or for the public safety, may, for reasons to be recorded in writing, direct the person in respect of whom the order under section 130 has been made to execute a bond or bail bond, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and may detain him in custody until such bond or bail bond is ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 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 bail 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 an order rejecting any 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. Imprisonment in default of security. 141. (1) (a) If any person ordered to give security under section 125 or section 136 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 ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ under this Chapter by any order made by it, and District Magistrate, in the case of an order passed by an Executive Magistrate under section 136, 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. Security for unexpired period of bond. 143. (1) When a person for whose appearance a summons or warrant has been issued under the proviso to sub-section (3) of section 140 or under sub-section (10) of section 142, appears or is brought before the Magistrate or Court, the Magistrate or Court shall cancel the bond or bail bond executed by such person and shall ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ the illegitimate child; or (d) where his father or mother resides. Procedure. 44 44 (2) All evidence in 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 advocate, 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 wilfully avoiding service, or wilfully 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 ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 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. 153. (1) The order shall, if practicable, be served on the person against whom it is made, in the manner herein provided for service of 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 person. 154. 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; ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ Procedure where person against whom order is made under section 152 appears to show cause. 157. (1) If the person against whom an order under section 152 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. case: (3) If the Magistrate is not so satisfied, no further proceedings shall be taken in the Provided that the proceedings under this section shall be completed, as soon as possible, within a period of ninety days, which may be extended for the reasons to be recorded in writing, to one hundred and twenty days. ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ section 157- Power of Magistrate to furnish written instructions, etc. 159. (1) Where the Magistrate directs a local investigation by any person under section 158, the Magistrate may- (a) direct a local investigation to be made by such person as he thinks fit; or (b) summon and examine an expert. (a) furnish such person with such written instructions as may seem necessary for his guidance; (b) declare by whom the whole or any part of the 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 158, the Magistrate may direct by whom the costs of such summoning and examination shall be paid. ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 50 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 this Sanhita for the service of 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, 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 any and which of the parties was, at the date of the order made by him under sub- section (1), in possession of the ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ (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 powers of the Magistrate to proceed under section 126. Sec. 1] 51 51 165. (1) If the Magistrate at any time after making the order under sub-section (1) of section 164 considers the case to be one of emergency, or if he decides that none of the parties was then in such possession as is referred to in section 164, or if he is unable to ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ be. (7) A Magistrate authorising under this section detention in the custody of the police shall record his reasons for so doing. Sec. 1] 61 61 (8) 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. (9) 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. (10) Where any order stopping further investigation into an offence has been made under sub-section (9), the Sessions Judge may, if he is satisfied, on an application made to ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ medical person 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. Power to summon persons. 195. (1) A police officer proceeding under section 194 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 would have a tendency to expose him to a criminal charge or to a penalty or forfeiture: Provided that no male person under the age of fifteen years or above the age of sixty ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ compel such person in the manner hereinbefore provided to appear before him, and send such person 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 or bail bond for his appearance before the Magistrate having such jurisdiction. Power to issue summons or warrant for offence committed beyond local 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 bound to appear, the case shall be reported for the orders of the High Court. ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 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. CHAPTER XVII COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES Issue of process. 227. (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 summons to the accused for his attendance; 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: Provided that summons or warrants may also be issued through electronic means. (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 ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ attendance; 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: Provided that summons or warrants may also be issued through electronic means. (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 90. Magistrate may dispense with personal ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 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 90. Magistrate may dispense with personal attendance of accused. 228. (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 advocate. Special summons in cases of petty offence. 229. (1) If, in the opinion of a Magistrate taking cognizance of a petty offence, the case may be summarily disposed of under section 283 or section 284, the Magistrate shall, except where he is, for reasons to be recorded in writing ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ advocate. Special summons in cases of petty offence. 229. (1) If, in the opinion of a Magistrate taking cognizance of a petty offence, the case may be summarily disposed of under section 283 or section 284, 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 an advocate 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 an advocate and to plead guilty to the charge through such advocate, to authorise, in writing, the advocate to plead guilty to the charge on his behalf and to pay the fine through such advocate: (2) But the Magistrate inquiring into or trying the case may, in his discretion, at any ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ the amount of fine specified in the summons or if he desires to appear by an advocate and to plead guilty to the charge through such advocate, to authorise, in writing, the advocate to plead guilty to the charge on his behalf and to pay the fine through such advocate: (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. Provided that the amount of the fine specified in such summons shall not exceed five thousand rupees. (2) For the purposes of this section, "petty offence" means any offence punishable only with fine not exceeding five thousand rupees, but does not include any offence so punishable under the Motor Vehicles Act, 1988, or under any other law which provides for convicting the accused person in his absence on a plea of guilty. (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 359 or any offence punishable ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ sanction is obtained, unless sanction has been already obtained for a prosecution on the same facts as those on which the altered or added charge is founded. Recall of witnesses when charge altered. 240. 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 addition, any witness who may have been examined, unless the Court, for reasons to be recorded in writing, considers that 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 of justice; Sec. 1] 79 79 (b) also to call any further witness whom the Court may think to be material. ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ plea of guilty. 265. (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 264, the Magistrate shall fix a date for the examination of witnesses: Evidence for prosecution. Provided that the Magistrate shall supply in advance to the accused, the statement of witnesses recorded during investigation by the police. (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: Provided further that the examination of a witness under this sub-section may be done by audio-video electronic means at the designated place to be notified by the State ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 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: Provided further that the examination of a witness under this sub-section may be done by audio-video electronic means at the designated place to be notified by the State Government. (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. B.-Cases instituted otherwise than on police report 267. (1) When, in any warrant-case instituted otherwise 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 summons to any of its witnesses directing him to attend or to produce ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ of any offence triable by a Magistrate, and the Magistrate by whom the case is heard discharges or acquits all or any of the accused, and is of opinion that there was no reasonable ground for making the accusation against them or any of them, the Magistrate may, by his order of discharge or acquittal, if the person upon whose complaint or information the accusation was made is present, call upon him forthwith to show cause why he should not pay compensation to such accused or to each or any of such accused when there are more than one; or, if such person is not present, direct the issue of a summons to him to appear and show cause as aforesaid. Compensation for accusation without reasonable cause. (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, make an order that compensation to such ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 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. CHAPTER XXI TRIAL OF SUMMONS-CASES BY MAGISTRATES 274. 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: Substance of accusation to ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ Conviction on plea of guilty. 275. 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. Conviction on plea of guilty in absence of accused in petty cases. 276. (1) Where a summons has been issued under section 229 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 an advocate authorised by the accused in this behalf pleads guilty on behalf of the accused, the Magistrate ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ Procedure when not convicted. 277. (1) If the Magistrate does not convict the accused under section 275 or section 276, 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) The 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. Acquittal or conviction. 278. (1) If the Magistrate, upon taking the evidence referred to in section 277 and such further evidence, if any, as he may, of his own motion, cause to be produced, finds the ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ such further evidence, if any, as he may, of his own motion, cause to be produced, finds the accused not guilty, he shall record an order of acquittal. (2) Where the Magistrate does not proceed in accordance with the provisions of section 364 or section 401, he shall, if he finds the accused guilty, pass sentence upon him according to law. (3) A Magistrate may, under section 275 or section 278, convict the accused of any offence triable under this Chapter, which from 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. Non-appearance 279. (1) If the summons has been issued on complaint, and on the day appointed for or death of the appearance of the accused, or any day subsequent thereto to which the hearing may be complainant. adjourned, the complainant does not appear, the Magistrate shall, after giving thirty days' time to the complainant to be present, notwithstanding anything hereinbefore contained, ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 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. Sec. 1] 89 89 281. In any summons-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. Power to stop proceedings in ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 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. Power to stop proceedings in certain cases. 282. When in the course of the trial of a summons-case relating to an offence 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 re-hear the case in the manner provided by this Sanhita for the trial of warrant-cases and may recall any witness who may have been examined. Power of Court to convert ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 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 re-hear the case in the manner provided by this Sanhita for the trial of warrant-cases and may recall any witness who may have been examined. Power of Court to convert summonscases into warrant-cases. CHAPTER XXII SUMMARY TRIALS 283. (1) Notwithstanding anything contained in this Sanhita- (a) any Chief Judicial Magistrate; (b) Magistrate of the first class, shall try in a summary way all or any of the following offences:- (i) theft, under sub-section (2) of section 303, section 305 or section 306 of the Bharatiya Nyaya Sanhita, 2023 where the value of the property stolen does not exceed ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 284. 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. Procedure for summary trials. 285. (1) In trials under this Chapter, the procedure specified in this Sanhita for the trial of summons-case shall be followed except as hereinafter mentioned. Record in summary trials. 286. In every case tried summarily, the Magistrate shall enter, in such form as the State Government may direct, the following particulars, namely:- (2) No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this Chapter. (a) the serial number of the case; (b) the date of the commission of the offence; ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 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. Explanation.-In this section, "accused" includes a person in relation to whom any proceeding under Chapter IX has been commenced under this Sanhita. Record in summonscases and inquiries. 309. (1) In all summons-cases tried before a Magistrate, in all inquiries under sections 164 to 167 (both inclusive), and in all proceedings under section 491 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: Sec. 1] 95 95 Provided that if the Magistrate is unable to make such ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 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. 321. Upon receipt of the commission, the Chief Judicial Magistrate or such 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 Sanhita. Execution of commissions. 322. (1) The parties to any proceeding under this Sanhita in which a commission is issued may respectively forward any interrogatories in writing which the Court or Magistrate directing the commission may think relevant to the issue, and it shall be lawful for the Magistrate, Court or officer to whom the commission, is ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ Deposition of medical witness. 326. (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 inquiry, trial or other proceeding under this Sanhita, 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. Identification report of Magistrate. 327. (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 Sanhita, although such Magistrate is not called as a witness: Provided that where such report contains a statement of ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ inquiry, trial or other proceeding under this Sanhita, 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 19, section 26, section 27, section 158 or section 160 of the Bharatiya Sakshya Adhiniyam, 2023, 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. Evidence of officers of Mint. 328. (1) Any document purporting to be a report under the hand of a gazetted 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 ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 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 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 Sanhita, may be used as evidence in any inquiry, trial or other proceeding under this Sanhita, 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 his 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 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023, no such officer shall, 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 ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 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 Sanhita, may be used as evidence in any inquiry, trial or other proceeding under this Sanhita. Reports of certain Government scientific experts. (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; ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 332. (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 Sanhita. Evidence of formal character on affidavit. (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. 100 100 Authorities before whom affidavits may be sworn. 333. (1) Affidavits to be used before any Court under this Sanhita may be sworn or affirmed before- (a) any Judge or Judicial or Executive Magistrate; or (b) any Commissioner of Oaths appointed by a High Court or ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ and shall without unnecessary delay record a memorandum of any relevant facts observed at such inspection. Local 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. 348. Any Court may, at any stage of any inquiry, trial or other proceeding under this Sanhita, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or re-call and re-examine any person already examined; and the Court shall summon and examine or re-call and re-examine any such person if his evidence appears to it to be essential to the just decision of the case. Power to summon material witness, or examine person ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ accused. 351. (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 himself liable to punishment by refusing to answer such questions, 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, ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 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. 358. (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 under arrest or upon a summons, 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 sub- section (1), then- (a) the proceedings in respect of such person shall be commenced afresh, and the witnesses re-heard; (b) subject to the provisions of clause (a), the case may proceed as if such ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ partly recorded by one Magistrate and partly by another. 114 114 Provided that if the succeeding Judge or Magistrate is of the opinion that further examination of any of the witnesses 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 Sanhita 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 361 or in which proceedings ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 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 384 or section 385. Summary procedure for punishment for nonattendance by a witness in obedience to summons. 389. (1) If any witness being summoned to appear before a Criminal Court is 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 lawful for him to depart, and the Court before which the witness is to appear is satisfied that it is expedient in the interests 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 ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 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. 511. (1) Subject to the provisions hereinbefore contained, no finding, sentence or order passed by a Court of competent jurisdiction shall be reversed or altered by a Court of appeal, confirmation of 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 Sanhita, 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. Finding or sentence when reversible by reason of error, omission or ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ irregularity. (2) In determining whether any error, omission or irregularity in any proceeding under this Sanhita, 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. 512. No attachment made under this Sanhita shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, writ of attachment or other proceedings relating thereto. CHAPTER XXXVIII Defect or error not to make attachment unlawful. LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES 513. For the purposes of this Chapter, unless the context otherwise requires, "period of limitation" means the period specified in section 514 for taking cognizance of an offence. ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ and Courts of Judicial Magistrates subordinate to it as to ensure that there is an expeditious and proper disposal of cases by the Judges and Magistrates. Trial and proceedings to be held in electronic mode. 530. All trials, inquires and proceedings under this Sanhita, including- (i) issuance, service and execution of summons and warrant; (ii) examination of complainant and witnesses; (iii) recording of evidence in inquiries and trials; and (iv) all appellate proceedings or any other proceeding, may be held in electronic mode, by use of electronic communication or use of audio-video electronic means. Repeal and savings. 531. (1) The Code of Criminal Procedure, 1973 is hereby repealed. (2) Notwithstanding such repeal- ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ servant with fraudulent intent. Imprisonment for 3 months, or fine of 5,000 rupees, or both. Cognizable. Bailable. Any Magistrate. 206(a) Absconding to avoid service Simple imprisonment for of summons or other 1 month, or fine of proceeding from a public 5,000 rupees, or both. servant. Non-cognizable. Bailable. Any Magistrate. 206(b) If summons or notice require attendance in person, etc., in a Court. ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ require attendance in person, etc., in a Court. Simple imprisonment for 6 months, or fine of 10,000 rupees, or both. Non-cognizable. Bailable. Any Magistrate. 207(a) Preventing service of summons or other proceeding, or preventing publication thereof. Simple imprisonment for 1 month, or fine of 5,000 rupees, or both. Non-cognizable. Bailable. Any Magistrate. 207(b) If summons, etc., require Simple imprisonment for ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ present investigation. Hence you are directed to appear before me at ......................... AM/ PM on........................... at Police Station. Name and Designation of the Officer In charge (Seal) ---- Sec. 1] 191 FORM No. 2 SUMMONS TO AN ACCUSED PERSON (See section 63) 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 an advocate, before the (Magistrate) of.............................................., on the..............................................day...... ......................................... Herein fail not. ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ ourselves, jointly and severally, to forfeit to Government the sum of rupees................................ . Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court) (Signature) ---- 204 FORM No. 15 SUMMONS ON INFORMATION OF A PROBABLE BREACH OF THE PEACE (See section 132) To..............................................of........ ...................................... WHEREAS it has been 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 ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ FORM No. 16 WARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY TO KEEP THE PEACE (See section 141) 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 he, 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 security......................................... (state the security ordered when it differs from that mentioned in the summons), and he has failed to comply with the said order; ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 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 ............ . (Signature) ---- 220 FORM No. 31 SPECIAL SUMMONS TO A PERSON ACCUSED OF A PETTY OFFENCE (See section 229) 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 an advocate) before..............................................(Magis trate) of..............................................on ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 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 an advocate and to plead guilty through such an advocate, to authorise such advocate in writing to make such a plea of guilty on your behalf and to pay the fine through such advocate. 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 five thousand rupees.) ---- Sec. 1] 221 FORM No. 32 NOTICE OF COMMITMENT BY MAGISTRATE TO PUBLIC PROSECUTOR (See section 232) The Magistrate of..............................................hereby gives notice that he has committed one..............................................for trial at the next Sessions; and the Magistrate hereby instructs ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ be 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 13 of the Bharatiya Nyaya Sanhita, 2023. And I hereby direct that you be tried, etc. ---- Sec. 1] 225 FORM No. 34 SUMMONS TO WITNESS (See sections 63 and 267) To..............................................of........ ...................................... WHEREAS complaint has been made before me that..............................................(name of the accused) of ..............................................(address) has (or is suspected to have) committed 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 ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ To..............................................of........ ...................................... WHEREAS complaint has been made before me that..............................................(name of the accused) of ..............................................(address) has (or is suspected to have) committed 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) ........................................................ SEARCH RUBRICS :SUMMON ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ Sec. 1] 231 FORM No. 40 MAGISTRATE'S OR JUDGE'S WARRANT OF COMMITMENT OF WITNESS REFUSING TO ANSWER OR TO PRODUCE DOCUMENT (See section 388) 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) ........................................................