Section 212 CrPC: Particulars of Time, Place, and Person – Code of Criminal Procedure

1. Code

Section 212 of the Code of Criminal Procedure, 1973

2. Explanation

Section 212 states that when a person is summoned to appear before a Magistrate, the summons must contain certain particulars:

• The time and place of appearance
• The name and address of the person summoned
• The nature of the accusation against the person

If these particulars are not mentioned in the summons, the summons is considered invalid.

3. Illustration

Suppose a person named Ram is summoned to appear before a Magistrate in a case of theft. The summons should contain the following information:

• The time and place of the hearing (e.g., 10:00 AM, 24th October 2023, at the Magistrate’s Court, XYZ city)
• The name and address of Ram (e.g., Ram, residing at ABC colony, XYZ city)
• The nature of the accusation against Ram (e.g., Theft of a mobile phone from XYZ shop on 1st October 2023)

4. Common Questions and Answers

Q: Can a person be summoned without mentioning the nature of the accusation?

A: No, it is mandatory to mention the nature of the accusation in the summons.

Q: What happens if the summons does not contain all the required particulars?

A: The summons will be considered invalid, and the person summoned may not be legally obligated to appear.

Q: Can a person be summoned to appear at a place other than their residence?

A: Yes, a person can be summoned to appear at a place other than their residence, but the summons must specify the place.