Meaning, Types and Substituted service of summons

Meaning of summons

The meaning of summons is to order a person to come into the court. It is the simple form of the legal process which is issued by the court for enforcing the attendance of persons or any document at specified time given in summons. The court can give the summon for a person or any document.

The main purpose of the summons is to inform the defendant in the case that the plaintiff has filed a legal suit against him. Almost every time, the service of summons is done with an attached copy of the complaint where the plaintiff has given his facts of the complaint.

Although the person who has the name on the summons has to appear in person in the court if not possible or not mentioned in the summons, the person can send his advocate who has the knowledge of the facts of the case or he is able to give answers related to the case.

The things which should consider in case of summons are:

• It should be clear and specified,
• It must be attested the seal of the court
• There must be the name and address of the person summoned
• There must be the date, time and place given in the summon when the person summoned is required to present in the court
• Summon must contain the nature of the offence committed.

The summons which is not bear all these things are invalid.

The objects of the summons are to:

• Providing the information to the defendant that a suit has been instituted against him.
• For the principle of natural justice
• The court may direct the defendant to file the written statement in his defence

Defendant to appear

On the date, which is given under the summons, the defendant has to appear in the court:

• In-person
• By the advocate who is able to answer all material questions relating to the suit
• By the advocate of pleader with the person who is able to give the answer all such questions.

Types of summons

There are mainly three types of summons given under the law. So, let’s discuss each one of them:

Civil Summons

These are the judicial types of summons which are given under the civil case to appear in the court and respond to the plaint filed by the plaintiff. This is to inform the defendant that a civil suit has been instituted against him.

This summons can be sent by person or identity to another person or legal identity to appear in the court to respond to the suit filed against them.

Generally, a civil summons is served in the case related to compensation for damages, the loss occurred due to the defendant.

Examples of Civil cases in which Civil summons served:

• Breach of contract
• Suit for damages
• Injunction
• In case of loss in goods

Criminal Summons

The types of summons which are sent to the person to appear in the criminal court in the criminal case are called Criminal summons.

There can be different types of summons that came be served in criminal cases like, a notice to appear in the court, traffic summons, to present the document in the court, etc. The police officer also has the power to give criminal summons in minor cases.

In the criminal summons, the charges will be mentioned in the case or the fact on which you got this summons will be written.

There are various types of Criminal summons like, 

Citation summons– The summon given to the person to appear in the court for the minor charges is called citation summons. The police officer can also give this summons to the person. For example, the police officer caught a person drinking alcohol in a prohibited area, the police officer can serve him summon to appear in court.

Notice to appear- In this type of summons, the person has to present in court for criminal charges. Such summons is issued before the person is formally charged. For example, if the person is caught shoplifting, the police officer will provide him with a Notice to appear in court. The charges will be applied to the person when the evidence of shoplifting is provided in court. 

Traffic summons- The cases in which a person breaks the traffic rules. The person will get a criminal summons as the person has broken the rules. Such types of summons servers the person to appear in court and respond to the allegation imposed on him. For example, if a person is driving his car and he is drunk. The police caught that man. Now, the person may get the traffic summons to appear in court.

Administrative Summons

These types of summons are sent by the administrative body which is authorised by law. For example, summons under arbitration, summons by tax authority etc. These types of summons can be served by administrative courts like labour courts, tax courts etc. Such courts have the power to summons the person under the jurisdiction of that court.

Summons how served?

Section 62 of the Code of Criminal procedure, 1973 deals with the service of summons. It shall be served by the police officer, by an officer of the court or by the public servant.

The section also provides that it should be served to the person summoned personally by giving him the duplicate copy and taking his signs on the back of the original summons.

Service to the agent of the person

Where the suit is related to the company or any other business and the person is not reside within the local limits of the court from which the summons to the person is to be served, the service may be made on his agent or manager of the company.

Service in the case when the person summoned cannot be found

Section 64 says that if the person to whom the summoned is to be served cannot be found, the summons shall be served by giving the duplicate copy to any adult male member of his family residing with him. The sign will be taken by that male on the back of the original copy.

It is to be noted that any servant of the family will not be considered as a family member within the meaning of this section.

When service cannot be affected 

Where the person summoned cannot be found and section 64 fails to serve, then the serving officer shall affix the duplicate copy on the conspicuous place of the house of the person summoned where he ordinarily resides. After the affixing of the copy by serving officer, he will give the report to the court and it will be declared by the court that the summons has been duly served.

Substituted service of summons

Where the court is satisfied that:

• The defendant knowingly avoids the service
• The reason that summons cannot be served in ordinary ways

The court shall order to do the service of summoning by affixing the copy in the conspicuous place in the court, and in the house of the person.

Meaning of summons

The court can also order to publish it in the local newspapers or any other manner as the court may think fit. By all these steps it will believe that the service of summons has been taken place.

Service on the defendant in prison

Where the person to whom the [summons] is to be served is in the prison, the summon will be served to the officer in charge of the prison.

Service where the person resides out of India

Where the person resides outside of India and has no agent in India, the summon shall be sent to the person through the post where he is residing, if there is postal communication between India and that country.

Service of summons for Public officer

In the case of a public official, the [summons] shall be served to the head of that office in which he is employed.

Service of summons on soldiers, airman or navy persons

The summons will be served to his commanding officer with a copy of the Summons.

Conclusion 

The summons is provided by the legal authority to inform the person that a civil or criminal case has been filed in the court against him. The person has to react to the summon as mentioned in the court. If the person is invited into court in person, the person has the duty to do the same. The service of a summons is important in every case to make the case clean and justify from both sides.