CrPC Section 62 – Summons: How Served

Section 62 of the Code of Criminal Procedure (CrPC), 1973, is a cornerstone of Indian criminal procedure, outlining the process for serving summons. Proper service ensures individuals are notified of legal proceedings against them, upholding principles of natural justice. This guide delves into the key provisions of Section 62, the practical aspects of serving summons, the challenges encountered, and its overall importance in the Indian legal system.

What Is Section 62?

Section 62 of the Code of Criminal Procedure (CrPC), 1973, lays down the procedure for serving summons in criminal cases. The correct and lawful service of summons is critical to ensuring that individuals are notified of their legal obligations and provided an opportunity to respond. Below is a detailed examination of the provisions and steps involved under this section.

Key Provisions Of CrPC Section 62

Key provisions of CrPC Section 62 as follows -

1. Who Can Serve A Summons

Section 62(1) specifies that a summons may be served by a police officer, an officer of the court, or another public servant authorized by the court. This ensures that only individuals with official authorization handle the service of summons.

a. Authorized Personnel - The court may designate particular officers or public servants for this purpose, ensuring efficiency and reducing the possibility of procedural errors.

b. Role of the Police - In many cases, the police serve summons, especially when the recipient’s location needs to be verified or assistance is required for the process.

2. Service On The Individual Named In The Summons

The fundamental rule under Section 62(2) is that the summons must be served personally on the individual named in it. This personal service ensures that the recipient has been directly notified and cannot claim ignorance of the summons.

a. Delivery of the Document - The officer serving the summons must physically deliver a copy to the person or leave it with them if they refuse to accept it.

b. Signature or Acknowledgment - To confirm receipt, the recipient is typically required to sign an acknowledgment, either on the original summons or on a receipt slip.

3. Service At Residence If The Individual Is Absent

If the individual named in the summons is not available, Section 62(2) allows the summons to be served at their usual residence. In such cases, the document is handed over to an adult member of the household.

a. Who Can Accept on Behalf of the Recipient - An adult male or female member of the family living in the same residence can accept the summons.

b. Exclusions - Servants or unrelated persons residing at the location are not authorized to accept the summons on behalf of the intended recipient.

This provision ensures that even in the absence of the person named, there is a high probability that the summons will come to their attention.

4. Refusal To Accept Summons

If the individual or an eligible household member refuses to accept the summons, Section 62(2) empowers the serving officer to leave the document at the residence. This step protects the judicial process from being stalled by deliberate non-compliance.

Proof of Service - The officer must note the refusal and the steps taken to leave the summons at the residence, which can later be used as evidence of service in court.

Practical Aspects Of Serving Summons

Practical aspects of serving summons are as follows -

Timely Service

The timing of serving a summons is critical, as delays can impact the progress of the case. Courts often emphasize prompt service to avoid procedural bottlenecks.

a. Time of Day - Summons are generally served during reasonable hours to ensure that they reach the recipient when they are most likely to be present.

b. Duration Before Appearance - The summons specifies a date for the individual to appear before the court, and sufficient notice must be provided to enable compliance.

Maintaining Records

The officer serving the summons must maintain accurate records of how, when, and where the summons was served. These details may include -

• The name and designation of the serving officer.

• The date, time, and method of service.

• Any acknowledgment or refusal to accept the summons.

This documentation serves as proof of compliance with the procedure outlined in Section 62.

Accountability Of The Serving Officer

The serving officer has a duty to act responsibly and ensure the summons is delivered accurately. Failure to do so can lead to delays or complications in the case.

Challenges In Serving Summons

Even with the structured guidelines under Section 62 of the CrPC, practical difficulties can arise during the service of summons. These challenges often delay the judicial process and require additional measures to ensure compliance. 

Recipient Evasion

One of the most common challenges in serving summons is deliberate evasion by the recipient. Individuals may intentionally avoid receiving summons to delay or disrupt the legal proceedings.

Methods of Evasion are as follows -

a. Refusing to answer the door when the serving officer arrives.

b. Providing misleading information about their whereabouts.

c. Temporarily relocating to an undisclosed location to avoid detection.

Such tactics make it difficult for the serving officer to complete the task, leading to delays in the judicial process.

Incorrect Address

Summons must be served at the correct address for effective delivery. If the court has an outdated or incorrect address for the recipient, the serving officer may struggle to locate them.

Reasons for Incorrect Addresses are as follows -

a. The recipient may have moved without updating their records with the court.

b. Errors or inaccuracies in court documents or case records.

c. Intentional provision of false information by the recipient at earlier stages.

In these situations, the serving officer must often conduct additional inquiries or seek assistance from local authorities to trace the recipient’s current address, which can consume valuable time and resources.

Non-Cooperation Of Household Members

When the recipient is unavailable, Section 62 allows the summons to be served to an adult member of their household. However, non-cooperation from family members can pose significant challenges.

Common Scenarios of Non-Cooperation -

a. Denial of the recipient’s presence or residency at the address.

b. Refusal to accept the summons, claiming they lack the authority to do so.

c. Miscommunication or lack of understanding of the legal implications of receiving the summons.

Importance Of Section 62 In Criminal Proceedings

The proper service of summons as outlined in Section 62 is crucial for the smooth functioning of the judicial process. Key reasons for its importance include -

a. Ensuring Natural Justice - Service of summons ensures that individuals are informed of legal proceedings against them and provided an opportunity to appear and defend themselves.

b. Avoiding Delays - Proper and timely service prevents unnecessary delays caused by procedural lapses, ensuring cases progress efficiently.

c. Legal Validity - Adherence to the procedure under Section 62 protects the judicial process from challenges on technical grounds, such as claims of improper service.

Conclusion

Section 62 CrPC plays a vital role in ensuring fairness and efficiency in criminal proceedings by establishing a clear procedure for serving summons. While challenges like recipient evasion and incorrect addresses exist, adherence to the provisions of this section is crucial for upholding the principles of natural justice and maintaining the integrity of the judicial system.

FAQs

A few FAQs based on Section 62 of the CrPC are:

Q1. Who can serve a summons under Section 62 CrPC?

A summons can be served by a police officer, a court officer, or any other public servant authorized by the court. This ensures official and accountable delivery of legal notices.

Q2. How is a summons served if the individual is absent?

If the individual is absent, Section 62 allows service at their usual residence to an adult member of the household. This ensures the summons is likely to reach the intended recipient.

Q3. What happens if someone refuses to accept a summons?

If the individual or a household member refuses to accept the summons, the serving officer can leave it at the residence. The officer must then document the refusal as proof of service for the court.

Q4. Why is Section 62 important for criminal proceedings?

Section 62 ensures natural justice by informing individuals of legal proceedings and preventing delays due to procedural errors. It also maintains legal validity by adhering to established service procedures.

Q5. What are some challenges in serving summons under Section 62?

Common challenges include recipient evasion, incorrect addresses, and non-cooperation from household members. These obstacles can cause delays in the judicial process.