What is a Summons?
A summons is a legal notice issued by a court to a person involved in a legal proceeding. It may require the person to:
- Appear before the court, or
- Produce documents, or
- Respond to a legal complaint or charge.
Summons are used in both civil and criminal proceedings.
What is Delivery of Summons?
Delivery of summons refers to the official process of serving this court notice to the concerned party. This ensures that the individual:
- Knows about the case, and
- Has an opportunity to respond or appear in court.
If the summons is not properly delivered, the case may suffer delays or become legally invalid due to lack of proper notice.
Who Can Deliver a Summons?
According to the Civil Procedure Code (CPC), 1908 and Criminal Procedure Code (CrPC), 1973, the following persons can serve summons:
- Police officers
- Court officers or process servers
- In certain cases, registered post or courier service
- Through email or electronic means, when allowed by the court
Modes of Delivery of Summons
1. Personal Service (Order V Rule 10 CPC)
The process server delivers the summons directly to the defendant or witness. The server must obtain a signature of acknowledgment.
2. Substituted Service (Order V Rule 20 CPC)
If the person evades service or cannot be found, the court may allow affixing the summons on the door of the residence or publication in a newspaper.
3. Postal or Electronic Delivery
Summons may also be delivered by registered post, courier, or even email in accordance with recent judicial rulings and digital procedure reforms.
What Happens if Summons is Not Delivered Properly?
- The party may claim lack of notice, and the court may postpone or dismiss the matter temporarily.
- In criminal matters, non-service of summons can affect the trial’s validity.
- The court may issue a warrant if the summoned person willfully avoids service.
Legal Provisions Governing Delivery of Summons
In Civil Cases:
- Order V of CPC, 1908 lays down the procedure for service of summons on defendants and witnesses.
- It also addresses substituted service if personal service fails.
In Criminal Cases:
- Section 61 to 69 of CrPC, 1973 deal with the service of summons to accused persons, witnesses, and corporate entities.
Recent Legal Developments
Courts have recognized electronic service (like email or messaging apps) as valid in specific cases, especially after the COVID-19 pandemic. The Delhi High Court and Supreme Court of India have encouraged digital summons where practical, speeding up judicial processes.
