1. Code Statement

Section 62 of the Code of Criminal Procedure (CrPC) deals with the service of summons in criminal cases.

2. Explanation

This section outlines the procedure for serving summons to individuals involved in criminal proceedings. It specifies the methods of service, the individuals responsible for serving the summons, and the consequences of non-compliance.

The summons can be served by:

• Personal service: The summons is delivered directly to the person named in it.
• Substituted service: When personal service is not possible, the summons is delivered to a responsible person at the accused’s residence or place of work.
• Service by post: The summons is sent by registered post to the accused’s last known address.
• Public proclamation: If the whereabouts of the accused are unknown, the summons can be published in a local newspaper or through a public announcement.

3. Illustration

Imagine a case where a person is accused of theft. The police investigate and decide to summon the accused to appear in court. The police officer will use one of the methods mentioned in Section 62 to deliver the summons to the accused. If the accused ignores the summons, they may face consequences like an arrest warrant issued against them.

4. Common Questions and Answers

Q: What happens if the accused cannot be located?
A: In this case, the summons can be served by public proclamation or through other methods as deemed appropriate by the court.

Q: Can the accused refuse to accept the summons?
A: No, the accused is legally obligated to accept the summons. Refusal to accept can lead to further legal action.

Q: What are the consequences of not appearing in court after receiving the summons?
A: The court may issue a warrant for the accused’s arrest and proceed with the trial in their absence.