CrPC Section 61
Section 61 of the Criminal Procedure Code (CrPC), 1973
Form of Summons
Bare Text of Section 61:
"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 officer as the High Court may, from time to time, by rule, direct; and shall bear the seal of the Court."
Detailed Explanation:
1. Meaning of 'Summons':
A summons is a legal written notice issued by a court to a person, requiring them to appear before it at a specified date and time.
It is generally used to secure the appearance of accused persons, witnesses, or other parties in criminal proceedings.
2. Mandatory Requirements of a Valid Summons (under Section 61):
To ensure legality and enforceability, a summons must fulfill the following:
| Requirement | Description |
|---|---|
| In Writing | A summons must always be documented in written form. |
| In Duplicate | It must be issued in two copies – one for the person summoned and one for court records. |
| Signed by Authority | It must be signed by the presiding officer of the Court, or by a person duly authorized by rules framed by the High Court. |
| Seal of the Court | It must bear the official seal of the issuing court to authenticate it. |
Purpose of Section 61:
Ensures that the process of summoning individuals is formal, standardized, and legally valid.
Prevents misuse or issuance of unauthorized or fake summonses.
Serves as the first step in securing a person's appearance in court when arrest is not necessary.
Protects the legal rights of individuals by giving them formal notice and opportunity to appear.
Practical Example:
Suppose a Magistrate wants to call a witness in a theft case.
The court will issue a summons under Section 61, properly typed or handwritten, in duplicate, signed by the Magistrate, and stamped with the court’s seal.
One copy is sent to the witness; the other remains on record.
Consequences of Invalid Summons:
If the summons lacks any of the required elements (e.g., no signature, no seal, not in writing), it may be declared invalid or unenforceable.
This can lead to delays in proceedings or dismissal of related actions.
Summary Table:
| Feature | Requirement Under Section 61 |
|---|---|
| Format | Written and in duplicate |
| Authority | Signed by presiding officer or authorized person |
| Authentication | Must bear the official seal of the court |
| Legal Importance | Ensures fair, transparent, and valid court communication |
| Purpose | To secure appearance of accused, witness, or person involved in proceedings |
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