Summon
SUBPOENA (SUMMONS)
- Sub- under; Poena- penalty)
- Also known as Duces tecum
Section
- Section 61 – 69 CrPC deal with summons
DEFINITION
- Subpoena is defined as a legal document compelling the attendance of a witness on a particular day and time in the court of law under penalty.
- It can be served also to produce any official document or any paper before the court of law.
- However, summons is a milder form of process.
PROCEDURE OF SERVING THE SUMMONS
- Usually, it is issued by presiding officer of the court, delivered by a court official or a police constable.
- Person receiving should sign on the original and keep the duplicate with him.
- If person summoned to is not available, it may be served to:
- The other major member of the family/ relatives, but not to a servant.
- If the person is a government servant, it may be served through the head of the office in which he or she is employed.
- It may be even affixed on some conspicuous part of the house in which the person summoned ordinarily resides.
- Summons by post: It can even be sent by registered post.
- However, on these occasions, court may not consider this as being served. If the postal authority returns the cover stating he or she is refusing to receive the same, court considers that it has been served in spite of not receiving it.
Conduct of Money
- Conduct money refers to the travelling and daily expenses to reach the court.
- In civil cases, it is paid by the party calling him), at the time of serving the summon. judge decides the conduct money in the civil case.
- The summon in civil case can be ignored if conduct money is not sanctioned or if the amount is less, and the witness can bring the fact to notice of judge.
- In criminal cases, no money is paid along with summon
- The witness can ask for it, after giving evidence, but he should not insist if the court is not willing to sanction, since otherwise he can be charged for contempt of court.
- To an independent doctor, it is always paid (known as bhatta), while the doctor in government service, can claim from his office.
RULES OF SUMMONS
If a medical officer is summoned to attend two courts on a particular time and day, following rules may be opted:
- Criminal cases should be given preference over civil cases.
- If both are criminal cases, higher courts should be given first preference. However, the medical officer should inform the other court which he or she is not attending.
- If both cases are of the same ranking courts, summons received earlier should be attended first.
If witness fails to attend the court :
In civil cases :
- He will be liable to pay damages.
In criminal cases:
- the court may issue notice under section 350 CrPC and may sentence him to fine or imprisonment or may issue bailable or non-bailable warrant to secure the presence of the witness
Exam Question
SUBPOENA (SUMMONS)
- Sub- under; Poena- penalty)
- Also known as Duces tecum
Section
- Section 61 – 69 CrPC deal with summons
DEFINITION
- Subpoena is defined as a legal document compelling the attendance of a witness on a particular day and time in the court of law under penalty.
- No conduct money is paid to the doctor in criminal cases
- Conduct money is paid to expert witness with summons from civil court
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