CrPC Section 61 – Form Of Summons

Section 61 of the Code of Criminal Procedure (CrPC), 1973, lays the foundation for the issuance of summonses by Indian courts. This crucial provision mandates a specific format for these legal documents, ensuring their authenticity, clarity, and accountability within the judicial system. By requiring summonses to be in writing, in duplicate, signed by the presiding officer (or an authorized officer), and bearing the court's seal, Section 61 aims to prevent misuse, maintain a clear record of legal proceedings, and uphold the integrity of the judicial process.

Legal Provision

Section 61 of the IPC ‘Form Of Summons’ states

Every summons issued by a Court under this Code shall be in writing, in duplicate, signed by the presiding officer of such Court or by such other officer as the High Court may, from time to time, by rule direct, and shall bear the seal of the Court.

Key Elements Of CrPC Section 61

Section 61 of the Code of Criminal Procedure (hereinafter referred to as “CrPC”) provides for the following:

Written Summonses

A summons is a formal legal paper requiring a person to appear in court. All summonses must be in writing. This ensures that there is an actual, clear and unambiguous record of the summons issued.

Duplication

The summons has to be issued in duplicate. The duplicate copy keeps a record as evidence of the process and ensures the process is transparent and traceable. This way, one copy is served to the person to be summoned while the other is left with the court as evidence of service.

Signature Requirement

The summons must have the signature of the presiding officer of the court. This can either be a judge or a magistrate that is handling the case.

Alternatively, another officer authorized by the High Court may put his signature on the summons. This is seen as giving room for flexibility in the administrative process.

Seal Of The Court

The summons should be sealed with an official court seal. The seal gives the document credibility and legitimizes its authenticity.

Directives Of The High Court

Section 61 recognizes the discretion of the High Court to permit officers other than the presiding officer to affix their signatures on summonses through rules devised according to the local needs.

Purpose & Objective Of Section 61, CrPC

The main reason Section 61 was introduced is to uphold the integrity and authenticity of the summons process. By making a requirement for the issuance of summons in writing, in duplicate, signed, and sealed, it aims to prevent misuse or fraudulent activities.

This also ensures that the process of issuance of summons is uniform in all courts. Section 61 serves following objectives:

Legal Authenticity & Authority

Through the provision of a written, signed, and sealed document, Section 61 provides legal authenticity to the summons.

Clear Legal Process

A written summons makes it easy for the summoned person to understand the nature of the case, date of appearance, and the jurisdiction of the court.

Accountability & Record-Keeping

Issuance of summons in duplicate keeps track of all summons issued and is, therefore, held accountable for their judicial processes.

Preventing Misuse Of Power

Requiring signatures and seals helps prevent misuse of summons by unauthorized persons and ensures the document is a genuine directive from the court.

Relevant Case Laws

Following are the case laws:

State vs. Driver Mohmed Valli And Ors. (1960)

In this case, the court clarified that it is not sufficient to merely order a summons to be issued. The summons has to be actually prepared, signed, sealed, and sent for service, along with a copy of the complaint.

Satya Securities & Anr. vs. Ms. Uma Erry & Anr. (2002)

The court in this case ruled that it was not within the prerogative of the Trial Magistrate to order summons on the accused by way of their counsel. As far as the court was concerned, this process was "alien to the Code of Criminal Procedure". The court further observed that if the Magistrate felt the accused were evading service or wilfully absconding, coercive measures ought to have been taken against the accused directly, not by their counsel.

Sunil Tyagi vs. Govt of NCT of Delhi & Anr (2021)

The view of the court in this case on Section 61 of the CrPC is as follows:

• Section 61 of the CrPC deals with the manner in which summons are issued.
• Section 62 of the CrPC deals with the manner of service of issued summons.
• It states that all summons shall be served by the police officer directly to the person/accused by handing, delivering or tendering them one of the duplicates of the summons, and getting him to sign a receipt on the back side of the other duplicate.
• The Investigating Officer (IO) who has filed the charge-sheet against the accused has the discretion to deliver the summons.
• The failure of the IO to serve the summons can stall the entire criminal justice system.
• The court also notes that it is necessary for police officers to file an affidavit detailing the steps taken to serve a summons, and that the affidavit should contain all the information pertaining to the steps taken by the officer. The documentation and information provided in the affidavit is essential for accountability and to prevent accused persons from taking shelter under technicalities later stages.

Procedural Implications

In practice, the strict procedure set down in Section 61 means that the courts must adhere to a strict procedure when issuing summons. The clerks and administrative personnel of the court ensure that summonses are drawn up correctly, signed by the relevant authority and issued with the court's seal.

Section 61 of CrPC has following practical implications:

Form Of Summons (Section 61)

Section 61 CrPC specifies the form of the summons, mandating that it must be in writing, in duplicate, signed by the presiding officer of the court (or another authorized officer), and bear the court's seal. This section does not deal with the process of service.

Service Of Summons (Section 62)

Section 62 CrPC details the manner of service. It states that a police officer (or other officer serving the summons) shall, if practicable, serve the summons personally on the person summoned by delivering or tendering one of the duplicates and obtaining their signature or thumb impression on the back of the other duplicate as acknowledgment.

Role Of The IO

The IO's role is primarily to investigate the case and file the charge sheet. The service of the summons is generally carried out by other police officers or process servers under the direction of the court. The Sunil Tyagi case highlighted the consequences of improper service, not the IO's authority to serve.

Consequences Of Non-Appearance

If a person fails to appear after proper service of a summons, the court can take further action, including issuing a bailable or non-bailable warrant under Section 70 or other relevant sections, not specifically Section 87. Section 87 deals with issuance of Warrant in lieu of, or in addition to, summons.

Role Of High Courts

High Courts have the power to frame rules regarding the authorization of officers (other than the presiding officer) to sign summonses, ensuring administrative efficiency while maintaining procedural integrity.

Technological Advancements

While e-summons are being implemented in some jurisdictions, they must still adhere to the fundamental principles of Section 61 (written form, duplicate, signature, seal) and ensure proper service and acknowledgment.

Invalid Summons

Failure to comply with the mandatory requirements of Section 61 (form of summons) can render the summons invalid.

Conclusion

Section 61 of the CrPC plays a vital role in ensuring the proper functioning of the Indian criminal justice system. By establishing a clear and mandatory format for summonses, it promotes transparency, accountability, and legal certainty. The requirements of a written, duplicated, signed, and sealed document prevent misuse and ensure that summonses are genuine directives from the court.

FAQs

A few FAQs based on Section 61 of the CrPC are:

Q1. What is the purpose of Section 61 CrPC?

The purpose is to ensure the authenticity and integrity of the summons process, prevent misuse, provide a clear record of legal proceedings, and ensure uniformity across courts.

Q2. Does Section 61 CrPC deal with the service of summons?

No. Section 61 deals with the form of the summons. The service of summons is covered under Section 62 CrPC.

Q3. What happens if a summons does not comply with Section 61 CrPC?

A summons that does not meet the requirements of Section 61 can be considered invalid.

Q4. What is the role of the High Court concerning Section 61 CrPC?

High Courts can authorize officers other than the presiding officer to sign summonses through rules, providing administrative flexibility.

Q5. What is the role of the Investigating Officer (IO) regarding summons under CrPC?

The IO's primary role is investigation and filing the charge sheet. The service of summons is generally done by other police officers or process servers under the court's direction, as highlighted in the Sunil Tyagi case.