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CrPC Section-62 - Summons how served

Description

  1. This section deals with the service of summons and the procedures associated with it:

    Key Points:

    1. Service of Summons:

      • A summons (a legal document requiring a person to appear in court or respond to a legal matter) must be served by a police officer, or if the State Government allows, by an officer of the Court or another public servant.
    2. Personal Service of Summons:

      • Whenever possible, the summons should be served personally on the person it is addressed to. This is done by either:
        • Delivering or tendering one of the duplicates (copies) of the summons to the person being summoned.
    3. Receipt of Service:

      • After the summons has been delivered, the person receiving it is required to sign a receipt on the back of the other duplicate copy, confirming that the summons has been received.

    Practical Application:

    • Scenario 1: A person is summoned to court. A police officer or public servant goes to their residence, hands them a copy of the summons (the duplicate), and asks them to sign the receipt on the back of the other copy as proof of service.

    • Scenario 2: If the person summoned is not available at the time of the attempt to serve the summons, it may be served through other means as directed by the rules set by the State Government, but ideally, personal delivery is preferred.

    Importance of This Section:

    • This ensures accountability and proof that the summons was received by the correct person.
    • It also formalizes the process of notifying the person about legal proceedings, ensuring they are aware and have an opportunity to respond.

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