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Write short notes on summons

• Summons is a document compelling the attendance of a witness in a court of law under penalty, on a particular day, time and place, for the purpose of giving evidence. Summons is also known as subpoena. (Sub: Under; Poena: Penalty). Sections 61 to 69 of The Code of Criminal Procedure Act, 1978 deal with summons.

• Summons is issued to the witness by the court and usually served through the police.

• The witness is also required to bring with him any document under his control, which he is bound by the law to produce as evidence.

• If the witness is a government servant, summons is sent to the head of the office where he is working and served through him to the witness.

• Usually, three copies are served and the witness signs in one copy and sends it to the court through the police who serves the summons, as an acknowledgement that he has received.

• The person who has received a summons is bound to attend the court at the prescribed time and date without fail.

• If he is unable to obey the summons due to unavoidable and acceptable reasons, he has to intimate the court well in advance, about his inability to attend the court.

• If a person receives two summonses from different courts on the same day; he has to give priority to criminal courts over the civil court.

• If both the summonses are from criminal court, then priority is to be given to the higher court; if both the courts are of equal status, then he has to attend the court from which he received the summons first and inform the other court, that he may be summoned later.

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