Question

Which one of the following is true of summons under Section 61 Cr.P.C?

• A. It is milder form of process
• B. It is for appearance
• C. It is for producing documents or thing
• D. All of them

Hint:

In CrPC, understand the difference between a Summons Case and a Warrant Case, which is based on the punishment for the offence. Also, distinguish between a Summons (to appear) and a Warrant (to arrest) as forms of process.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The question asks about the nature of a "summons" as a form of legal process under the Code of Criminal Procedure (CrPC).

Step 2: Key Legal Provision:
Chapter VI of the CrPC deals with "Processes to Compel Appearance," which includes Summons (Sections 61-69) and Warrant of Arrest (Sections 70-81).
- Section 61 CrPC is titled "Form of summons." It states that every summons issued by a Court under this Code shall be in writing, in duplicate, signed by the presiding officer of such Court and shall bear the seal of the Court. - Section 91 CrPC deals with "Summons to produce document or other thing."

Step 3: Detailed Explanation:
Let's analyze the nature of a summons based on the provisions of the CrPC: - (A) It is milder form of process: Compared to a warrant of arrest, which directs the police to arrest a person and bring them before the court, a summons is simply an order for the person to appear. It is less coercive and therefore a milder form of process. This statement is true. - (B) It is for appearance: The primary purpose of a summons issued under Chapter VI is to compel the appearance of a person (an accused or a witness) before the court. This statement is true. - (C) It is for producing documents or thing: A summons can also be issued to compel a person to produce a document or a thing. Section 91 CrPC specifically provides for this. So, a summons is not just for personal appearance but also for production of evidence. This statement is true. Since all three statements (A), (B), and (C) accurately describe the characteristics and purposes of a summons under the CrPC, the correct answer is "All of them".

Step 4: Final Answer:
All the given statements about a summons are true. It is a milder form of process, used for compelling appearance, and also for producing documents or things.