Chris John
Expert
Published on: Sep 16, 2026
Summons and Warrants
A summons is an officially issued document that is released by any Court on an individual or an entity who may be involved in a legal proceeding. A summon is typically served when legal action is taken against an individual, or a person is required to appear before a court as a witness in a proceeding. This document ensures that the person is called upon and his presence on the given date of the hearing. On the other hand, a warrant is issued to apprehend an individual committing a particular offense(s). In this article, we examine the aspects mentioned in The Criminal Procedure Code related to Summons and Warrants.
Summons
A summon is a document issued either for appearance or for producing a document or an item which may be issued to an accused person or witness. Section 61 of the Criminal Procedure Code states that every summons issued by the Court shall be in writing, in duplicate along with the signature of the Presiding Officer of such Court or by such an officer as authorized by the High Court and shall bear the seal of the High Court. The summons should be specific and clear in its terms regarding information such as the title of the Court, the place, the day, and time when the attendance of the person summoned is required.
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Section 62 & Section 65: Service of Summons
As per Section 62 of the Criminal Procedure Code, the summons shall be served by a police officer or an officer of the Court or any other public servant. If the service cannot be concluded by the exercise of due diligence, the serving officer can perform a substituted service by affixing one of the duplicates of the summons to a conspicuous part of the residence of the summoned individual. The Court, after inquiries deemed necessary, may declare that the summons has been duly served or issue a fresh service as stated in Section 65 of the Code.
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Section 63 to Section 66: Summons on Corporate Bodies and Societies
The service of a summon on a corporation may take effect by serving it on specific individuals who are part of the corporation, including the secretary, the local manager, or any other principal officer. A summon may be sent by registered post addressed to the respective Chief Officer of the Corporation. The service is deemed effective when the letter arrives in the ordinary course of postal service.
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Generally, 'corporate' in this context means an incorporated company or other corporate body. This includes a society registered under the Societies Registration Act of 1860. Under Section 64, extended service can occur by leaving a copy of the summon with an adult male member of the summoned person's family.
When a Government Servant is summoned, the duplicate order or summon is sent to the Head of the Department in the employee’s office by the Court. The Head must ensure the proper service of the summons and return it to the Court with a signed endorsement as evidence of due service as stated in Section 66.
Section 91: Summons to produce
Section 91 and Section 92 of the Criminal Procedure Code talk about the summons to produce. A Court may issue a summons in writing to an individual believed to possess a required document or item for a court proceeding.
Warrant of Arrest
Section 70 of the Criminal Procedure Code outlines the aspects of a warrant of arrest. Every warrant of arrest must be in writing and signed by the Court's presiding officer, bearing the Court's seal. It remains in force unless canceled or executed.
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The warrant of arrest is issued for protection before the concerned Court, not for the police officer. Section 76 of the Code mandates that a police officer or appointed individual must present the arrested person before the Court without unnecessary delay.
Section 82 & Section 83: Proclamation and Attachment
The Criminal Procedure Code offers remedies when a warrant remains unexecuted.
- Section 82: Issuing a Proclamation
- Section 83: Attachment and sale of property
Section 82 states actions if an individual against whom a warrant of arrest is issued absconds: a proclamation requires the person to appear at a specified place and time. For less common scenarios, Section 83 enables the attachment or sale of property.
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Section 93 to Section 97: Search Warrant
A search warrant can be issued in the following circumstances:
- If a summoned individual does not produce required items.
- If possession is unknown to the Court.
- If a general search is necessary.
A search warrant will not be issued for postal or telegraph authorities' items without order from a District or Chief Judicial Magistrate.
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Section 106: Security for keeping peace on conviction
When a Court finds a person guilty of specific offences, it may require security for keeping the peace. The Court may order the convicted individual to execute a bond for keeping the peace for up to three years.
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Section 107: Security for keeping peace in other cases
An Executive Magistrate may require an individual to show cause for not issuing a peacekeeping bond if there is credible information of potential public disturbance or wrongful actions likely to breach peace.
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