Summon
A summon is the first legal step taken by the court to request an individual’s appearance. If the individual fails to respond or appear on the specified date, the court may authorize a warrant for further legal action.
Key Provisions for Summons (As per Section 61 of the Code of Criminal Procedure):
- Form of Summons:
- Every summon must be in writing.
- A duplicate copy of the summon is required.
- Details Required on Summons:
- The signature of the Judge, Presiding Officer, or any officer authorized by the court.
- The seal of the court issuing the summon.
Warrant
A warrant is issued by the court if an individual fails to comply with the summon or as part of legal procedures requiring their immediate presence.
Key Provisions for Arrest Warrants (As per Section 70 of the Code of Criminal Procedure):
- Form of Warrant:
- Every arrest warrant must be in writing.
- It must be signed by the court’s presiding officer.
- It must feature the seal of the court that issued the warrant.
- Validity of Warrants:
- An arrest warrant does not expire.
- It remains in force until:
- The person is arrested,
- The court cancels the warrant, or
- The person in question dies.
Section 71: Execution of Arrest Warrant
- A warrant ensures the individual is brought before the court of law.
- Once arrested, the person must be presented to the court within 24 hours of their arrest.