Methods to compel appearance

1. SUMMONS –As Non-
Coercive Method to
Compel Appearance
Under Code of Criminal
Procedure,1898

2. Summons
 A document issued from the office of
a court of justice calling upon the
person to whom it is directed to
attend before a judge or officer of the
court

3. Purpose
 Summons is an authoritative call to
appear in the court of law
Attendance of the accused
To a witness to record his statement
For production of document or person

4. Contents of Summons
 Title of the case
 Place of sitting
 Date of appearance
 Timings of the court
 Case no #

5. Form of Summon u/s 68(1) of
Crpc
 Issued by court
 In writing
 In duplicate
 Signed and sealed by
 By presiding officer of such court or
 By any such other officer as the high
court may direct from time to time

6. By whom served u/s 68(2)
 By police officer
 By any officer of court subject to the
rules prescribed by provincial
government or
 Other public servant
Provided the court may at the request
of complainant or the accused allow
him to serve the summons on his own
witnesses

7. Service of summons
 General rule as to service of the
summons is that the summons would
be handed personally to the person
 Exceptions
Substituted service u/s 70
Service by affixture u/s 71
Court to court service u/s 73

8. Substituted Service u/s 70
 The person summoned is not found
after the due diligence
 There must be more than one attempt
 The duplicate of summons must be
left with some adult male members of
the family
 Person so receiving summons must
sign receipt on the back of the
duplicate in token of
acknowledgement

9. Service by Affixture-procedure
when service cannot be affected
u/s 71
 Cannot be affected by due diligence
 The serving officer shall affix one of
the duplicates of the summons
 To some conspicuous part of the
house or
 the homestead in which the person
summoned ordinarily resides

10. Court to court service-outside
local limits u/s 73
 If a person sought to be summoned
 Resides outside the local limits of the
jurisdiction of the court issuing the
summons
 It should send such summons in
duplicate
 To a magistrate
 Within the local limits of whose
jurisdiction such person resides

11. Proof of service of summons u/s
74
 Affidavit proof of summons being
served
 Made before magistrate
 Endorsed
 Admissibility in evidence