ES समन से आप क्या समझते हैं? समन कब, किनके लिए और किन प्रयोजनों के लिए जारी होता है?

Understanding 'Summon'

A summon is a legal document issued by a court to a person or party, directing them to appear before the court on a specified date and time. It serves as a formal notice requiring the recipient to respond to a legal matter.

Summons are issued under the Civil Procedure Code, 1908 (CPC) for civil cases and under the Criminal Procedure Code, 1973 (CrPC) for criminal cases.

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When are Summons Issued?

Summons are issued in the following situations:

1. In Civil Cases (Order 5, CPC)

• When a suit is filed by the plaintiff, the court issues a summon to the defendant to appear and respond.
• If the defendant fails to appear, the court may proceed ex parte (without them).
• Summons may also be issued to witnesses to ensure their presence during the trial.

2. In Criminal Cases (Sections 61-69, CrPC)

• For Accused Persons: If a criminal complaint is filed, the court may issue a summon directing the accused to appear and answer the charges.
• For Witnesses: Summons can also be issued to witnesses to give testimony in court.
• For Documents: If any document or record is needed as evidence, the court may issue a summon to produce documents.

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For Whom are Summons Issued?

Summons can be issued to:

1. Defendants (Civil Cases) – To notify them of a lawsuit filed against them.
2. Accused Persons (Criminal Cases) – To inform them of legal proceedings and require their appearance.
3. Witnesses – To compel them to testify in a case.
4. Parties in Proceedings – Anyone required to participate in a legal matter.
5. Government Officials or Organizations – To provide necessary information or documents related to a case.

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Purpose of Issuing Summons

The purpose of issuing summons is:

1. To Ensure Fair Legal Proceedings – It informs parties about the case and gives them an opportunity to present their side.
2. To Secure Attendance – Ensures that the required individuals appear before the court.
3. To Obtain Evidence – If a person is required to provide testimony or produce documents.
4. To Enforce Judicial Authority – A summon is a court order, and non-compliance can result in penalties or warrants.

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Conclusion

A summon is an essential legal tool used in both civil and criminal cases to notify parties about legal proceedings. It ensures that justice is carried out by requiring defendants, witnesses, and other relevant persons to appear before the court and participate in the case.