What is summon?
What is summon?
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Summon or subpoena- section 61 to 69 Cr.P.C. (sub- under, poena- penalty)
The summons is delivered to the witness through a police officer, an officer from the court, or any other person. According to section 66 Cr.P.C. if the witness is a government servant the summons can be sent t the head of the office in duplicate and the head in turn serves it to the concerned person.
After hearing from the
witness if the court thinks that there was no proper reason for not attending
the court, a boilable/non-boilable warrant may be issued to procure his
attendance in the court. If a witness receives two summonses on the same date
from the same type of court, he will attend the court from which he received
the summon first and will inform the other court. If he receives two summonses,
one from Criminal Court and the other from Civil Court, he will attend the
criminal court first with intimation to the Civil Court because Criminal Courts
have priority over Civil Courts and the higher courts have priority over lower
Courts.
A subpoena duces tecum is
a summon ordering the concerned person to appear before the court and produce
evidence. It instructs the witness to bring in handbooks, papers, or evidence
for the court. The subpoena duces tecum is like the subpoena ad testificandum, which is
summoning a witness to testify orally in the court.
Conduct
money: Certain amount of
money is paid to the witness towards his expenses for attending the Court,
which is called conduct money. This
amount is paid to the witness while serving the summons.
However, in criminal
cases no conduct money is paid but the witness must attend the Court in the
interest of the state or in the interest of justice.
#summon #summonbycourt #conduct money
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