Summons

A summons is a formal written order issued by a court, or by a statutory authority with court-like powers, directing a named person to appear before it at a stated date, time and place, or to produce specified documents in their possession. It gives the person notice of the proceeding and a fair opportunity to respond. Ignoring a validly served summons without lawful excuse can lead to adverse orders, penalties, or issue of a warrant.

Legal basis

• Criminal cases: Sections 63 to 71 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaced Sections 61 to 69 of the CrPC, 1973 from 1 July 2024. Section 63 requires the summons to be in writing, in duplicate, signed and sealed by the presiding officer, and now allows service by encrypted electronic communication bearing a digital signature or the image of the court seal.
• Civil cases: Section 27 read with Order V of the Code of Civil Procedure, 1908. Summons to a defendant must be served within 30 days of institution of the suit; witnesses are summoned under Order XVI.
• Tax and revenue: Section 246 of the Income-tax Act, 2025 (the old Section 131) and Section 70 of the CGST Act, 2017 let assessing and GST officers summon persons and records with the powers of a civil court.

Summons-case versus warrant-case

Under the BNSS a warrant-case is one relating to an offence punishable with death, life imprisonment, or imprisonment exceeding two years; every other case is a summons-case, tried through a simpler procedure. A summons only commands appearance, whereas a warrant authorises arrest.

How it is served

Service is made personally on the person (or an adult family member), through a court officer or police, by registered post, and, under the BNSS, by recognised electronic modes such as court-authenticated email.