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

 

Meaning of 'Summon'

• A Summon is a legal document issued by a court directing a person to appear before it for a specified purpose.
• It serves as a formal notice requiring the recipient to respond to a case, whether as a party, witness, or for producing evidence.
• The term is primarily governed by the Code of Civil Procedure (CPC), 1908 for civil cases and the Code of Criminal Procedure (CrPC), 1973 for criminal matters.

---

When are Summons Issued?

Summons are issued:

1. At the Initiation of a Case

   • When a suit or complaint is filed, the court issues summons to inform the opposite party.

2. For Attendance of a Person

   • If the court requires a party, witness, or accused to appear in person.

3. For Production of Documents or Evidence

   • When a person is required to submit records, evidence, or other necessary documents.

4. For Examination of a Witness

   • When a witness is needed to testify in court.

---

For Whom are Summons Issued?

Summons can be issued to:

1. Defendant (in Civil Cases)

   • The person against whom the lawsuit is filed is summoned to appear and present their defense.

2. Accused Person (in Criminal Cases)

   • In minor (summons) cases, the accused is summoned to appear before the court (CrPC Section 204).

3. Witnesses

   • A person having knowledge of facts relevant to the case is summoned to testify (CrPC Section 160).

4. Any Person for Document Production

   • If a person holds records relevant to the case, they can be summoned to produce them in court.

---

Purpose of Issuing Summons

Summons serve several legal purposes:

1. To Ensure Fair Trial

   • Summons inform parties about the case and provide an opportunity to present their side.

2. To Maintain Due Process

   • It ensures that no legal proceedings occur without notifying the concerned parties.

3. To Call for Evidence or Testimony

   • Witnesses and documents are crucial in determining facts in legal cases.

4. To Enforce Judicial Orders

   • Courts ensure compliance with their directives through summons.

---

Conclusion

A Summon is an essential judicial tool ensuring that parties, witnesses, and evidence are properly brought before the court. It serves the purpose of notification, compliance, and fair trial, playing a vital role in both civil and criminal proceedings.