Code of Criminal Procedure, 1973 · Chapter VI: Processes to Compel Appearance · A.–Summons
Section 61: Form of summons
The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
In plain words
Every court summons must be in writing, in duplicate, signed by the presiding officer or another officer the High Court allows by rule, and bear the court's seal.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
Every summons issued by a Court under this Code shall be in writing, in duplicate, signed by the presiding officer of such Court or by such other officer as the High Court may, from time to time, by rule direct, and shall bear the seal of the Court.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 61
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Shaurabh Kumar Tripathi v. Vidhi Rawal
Whether the High Court can invoke its inherent jurisdiction u/s.482, Criminal Procedure Code, 1973 or s.528, Bharatiya Nagarik Suraksha Sanhita, 2023 to quash proceedings initiated u/s.12, Protection of Women from…
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Tarsem Lal v. Directorate of Enforcement Jalandhar Zonal Office
(a) Whether the complaint filed u/s.44(1)(b) of Prevention of Money Laundering Act, 2002 will be governed by sections 200 to 205 of the CrPC; (b) If the accused was not arrested by the ED till the filing of the…
- Gautam Navlakha v. National Investigation Agency
- Justice Ripusudan Dayal (Retd ) & Ors. v. State of M.P. & Ors.
- Radhey Shyam Garg v. Naresh Kumar Gupta
- Sankaran Moitra v. Sadhna Das and Anr.
- Smt. Poonam Lata v. M.L. Wadhawan & Anr.