Subpoena

In Indian practice a subpoena is more precisely called a "summons to witness" or "witness summons" — a formal order issued by a court, tribunal or authorised officer directing a named person to attend a proceeding to give evidence, or to produce a specified document or thing, on pain of penalty for disobedience. The word "subpoena" is the common-law label; Indian statutes use "summons".

Two forms

• Ad testificandum — a summons to appear and testify on oath.
• Duces tecum — a summons to produce specified documents, records or things; the recipient may comply by causing the document to be produced without attending in person.

Legal basis

In civil suits the power flows from Order XVI (Rules 1, 5 and 6) of the Code of Civil Procedure, 1908, supported by Sections 30 to 32 CPC. In criminal matters it rests on the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — which replaced the CrPC from 1 July 2024 — where Section 94 (successor to Section 91 CrPC) lets a court, or the officer in charge of a police station, summon production of a document, electronic communication or device likely to contain digital evidence. Several quasi-judicial authorities hold parallel powers; for instance, Section 246 of the Income-tax Act, 2025 (in force from 1 April 2026, replacing the 1961 Act) vests income-tax authorities with a civil court's power to enforce attendance and compel production.

Non-compliance and challenge

Disobeying a valid summons can attract a proclamation, a warrant of arrest, a fine or attachment of property (Order XVI, Rules 10 to 12, CPC). The person served may nonetheless apply to have it set aside where it is irrelevant, oppressive or issued merely to harass, and the court retains discretion to quash such a summons.