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There
are various processes to compel the appearance of an accused
or any witness. They can be stated as follows;
1. Summons
2. Warrant of Arrest
3. Proclamation and Attachment
The
summons is issued by the Court to compel the accused or
the witness to appear before it or produce the necessary
evidence. Every summons issued by the Court shall be in
writing, in duplicate and it must be 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.
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.
The summons shall be served personally on the person summoned,
by delivering or tendering to him one of the duplicates
of the summons. Every person on whom a summons is so served
shall sign a receipt on the back of the other duplicate,
if so required by the serving officer. When a person sought
to be summoned is employed abroad the Court can send summons
to the concerned embassy for the official purpose.
Service of a summons on a corporation may be effected
by serving it on the secretary, local manager or other principal
officer of the corporation, or by letter sent by registered
post, addressed to the chief officer of the corporation
in India. Service of summons on Branch Manager shall be
deemed to be service on the Bank itself.
When
person summoned cannot be found:
Where the person summoned cannot be found, by the exercise
of due diligence, be found, the summons may be served by
leaving one of the duplicates for him with some adult male
member of his family residing with him, and the person with
whom the summons is so left shall, if so required by the
serving officer, sign a receipt on the back of the other
duplicate.
It should be noted that a servant is not a member of the
family within the meaning of this section.
If
service cannot by the exercise of due diligence be effected
as mentioned above, 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 deems fit.
Summons
on Government servant:
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 as explained above
and shall return it to the Court under his signature with
the endorsement as required by law.
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
jurisdiction the person summoned resides.
In
next edition let's discuss about warrant of arrest.
to be continued...
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