Summons serve as a legal instrument used by courts to notify individuals of proceedings requiring their presence or response. In India, summons are issued under both civil and criminal law frameworks. This article will explore the procedure of summons under the Civil Procedure Code (CPC), the process involved in criminal summons, and the differences between the two.

Procedure of Summons under the Civil Procedure Code (CPC)

Under the Civil Procedure Code, 1908, summons are issued to notify a defendant or witness about the initiation of legal proceedings. Summons under the CPC are governed by Sections 27-32 and Order V of the CPC.

• Issuance of Summons:
  • When a civil suit is filed, the court issues a summons to the defendant directing them to appear in court and respond to the claims made by the plaintiff. The summons must clearly specify the date of appearance and the details of the suit.
• Process of Service:
  • Summons can be served through personal service, registered post, or publication in newspapers (in cases where the defendant is untraceable). The process server delivers the summons to the defendant or any adult family member.
• Defendant's Duty to Appear:
  • Once the summons is served, the defendant is legally bound to appear before the court on the specified date. Failing to appear may result in an ex parte decree, where the court may decide the case in the absence of the defendant.
• Types of Summons:
  • Summons to Appear and Answer: A general summons requiring the defendant to respond to the plaintiff's claims.
  • Summons for Judgment: Issued in summary suits where the defendant is required to immediately respond to the claims, typically in cases involving negotiable instruments like promissory notes.
• Case Law:
  • In Gurmail Singh v. Mool Chand Gupta (2005), the Supreme Court emphasized the need for proper service of summons in civil matters. The failure to serve summons correctly could lead to the nullification of proceedings.
• Criminal Summons under the Criminal Procedure Code (CrPC):
  • Criminal summons are issued under the Criminal Procedure Code, 1973, typically in cases of lesser offenses. Sections 61-69 of the CrPC outline the process for issuing and serving criminal summons.
• Issuance of Summons (Criminal Cases):
  • In criminal cases, summons are issued to compel an accused or witness to appear before the court. Unlike arrest warrants, summons are generally used for non-cognizable offenses or cases where the accused's presence is required for procedural hearings.
• Service of Criminal Summons:
  • The procedure for serving criminal summons is similar to civil summons, where personal service is preferred. If the accused cannot be located, alternate methods like affixing the summons at their residence or publication in newspapers are used.
• Failure to Appear:
  • If the accused or witness fails to respond to the summons, the court may issue a bailable or non-bailable warrant for their arrest.
• Case Law:
  • In Amarnath Yadav v. Gajadhar Singh (2010), the Supreme Court observed that criminal summons must be served with due diligence and in accordance with the provisions of the CrPC. Any improper service could result in the dismissal of the case.
     
• Differences Between Civil and Criminal Summons:
  • Nature of Proceedings:
    • Civil Summons: Issued in civil disputes, usually to notify a defendant about the initiation of a lawsuit concerning personal rights, property disputes, or contracts.
    • Criminal Summons: Issued in criminal proceedings where the accused is required to appear in court for offenses ranging from minor infractions to serious crimes.
  • Issuing Authority:
    • Civil Summons: Issued by civil courts under the CPC.
    • Criminal Summons: Issued by magistrates or criminal courts under the CrPC.
  • Failure to Comply:
    • Civil Summons: Failure to comply with a civil summons may result in an ex parte judgment, meaning the court proceeds in the absence of the defendant.
    • Criminal Summons: Non-compliance with a criminal summons can result in the issuance of arrest warrants.
  • Purpose:
    • Civil Summons: Primarily aims to ensure that the defendant is aware of the legal proceedings against them and can prepare their defense.
    • Criminal Summons: Serves as a means to ensure the accused's presence in court, whether for a hearing, trial, or to answer charges.

Conclusion
Summons play an integral role in both civil and criminal proceedings. The procedural nuances of summons under the CPC and CrPC highlight the distinct objectives of civil and criminal law—resolution of disputes in the former and upholding the rule of law in the latter. Understanding the procedural differences helps litigants and legal practitioners navigate the complexities of the Indian legal system.