CrPC Section 61: Form of Summons – Code of Criminal Procedure

This section outlines the required format for summons in criminal cases under the Code of Criminal Procedure (CrPC).

1. State the Code

Code of Criminal Procedure, 1973 (CrPC)

2. Explain the Code

Section 61 of the CrPC mandates that a summons should be in writing and be signed by the Magistrate or by any other authorized person. It must include the following details:

• The name of the court issuing the summons
• The date of issuance
• The name, address, and occupation of the person to whom it is addressed
• The nature of the offense alleged against the person summoned
• The time and place where the person summoned is required to appear
• A statement that the person summoned is required to appear before the court and answer the charge against them

3. Illustrate the Code

Imagine a situation where a person named “Ravi” is accused of theft. The Magistrate issues a summons to Ravi, which states:

“In the Court of the Judicial Magistrate First Class, Delhi”

“Summons No. 123/2023”

“Dated: 20th June, 2023”

“To: Ravi, S/o Ram, residing at Flat No. 101, XYZ Apartments, Delhi”

“You are hereby summoned to appear before this court on the 25th June, 2023, at 10:00 AM, to answer the charge of theft under Section 379 of the Indian Penal Code, 1860.”

“You are required to appear personally and answer the charge against you.”

“By order of the Court”

“Signature of the Magistrate”

4. Common Questions and Answers

Q: What happens if the summons is not in the correct format?

A: If the summons is not in the prescribed format, it may be considered invalid, and the person summoned may not be legally obligated to appear before the court.

Q: Can the summons be served electronically?

A: While electronic service of summons is not expressly prohibited, it is not common practice. Courts generally require physical service of summons.

Q: What if the person summoned does not understand the language of the summons?

A: The summons should be in a language understood by the person summoned. If not, a translator can be used to explain the contents of the summons.