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Criminal Procedure - Summons

Written By Unknown on June 25, 2013 | 6/25/2013

1. What are the different reasons why I could be served with a summons?
Answer: Summons can be issued by a competent court for two reasons. Firstly, so that the person appears before the Court as and when required. This person refers to the defendant or any other witness required in the proceedings. The second situation where summons can be issued is to compel a person to produce documents in his possession before the Court.
2. What am I expected to do if a court summons is served to me?
Answer: When a summons is served on a person he has to accept the same. On the stipulated date, he has to appear before the designated court. If a person refuses to accept a summons issued to him by the Court then the summons is deemed to be served. If the person does not appear before the court on the required date then it is considered as contempt of court. Thus, he can be punished under the Contempt of Court Act, 1971 for civil contempt.
3. Can I be arrested for not responding to a summons that was served to me?
Answer: When a person does not respond to a summons served on him, it amounts to contempt of the Court. In such circumstances, the Court can issue arrest warrant for contempt i.e. Non Bailable Warrant. The Court can also impose fine on the person who has not responded to the summons that was served on him.
4. What do I do if I am served with a summons that is meant for the accused instead of a summons for a witness?
Answer: In such a situation you have two options – you can either appear before the court and then inform the court that wrong summon has been sent to you (As there is a possibility of non-appearance amounting to contempt) or in the alternative return the summons when served with a noting that it is wrongly served.
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