Definition
Official notice to appear.
Direction to appear before investigating officer or court.
Statutory Definition
BNSS 2023.
Etymology & Origin
From Old French 'somondre' and Latin 'summonere', meaning to give a hint or discreetly warn. In law, it evolved into a formal, binding command to appear.
Full Legal Analysis
A Summon (or summons) is an authoritative, formal legal document issued by a court or an investigative agency commanding a person to appear before them at a specified time and place. It can be issued to an accused person to face charges, or to a witness to give evidence or produce documents.
Under general criminal law, police issue notices under Section 35 of the BNSS (formerly 41A CrPC) for appearance. However, specialized agencies like the ED have explicit powers to issue 'Summons' which carry the weight of a judicial proceeding.
Non-compliance with a valid summons can result in the issuance of a bailable or non-bailable warrant to compel attendance, and can also attract criminal prosecution under Section 174 of the IPC (now Section 209 of the BNS).
The Supreme Court clarified the rights of a person summoned by the police, balancing the investigative duty of the state with the citizen's constitutional right against self-incrimination under Article 20(3).
When an advocate's client receives a summons, the immediate strategy involves determining in what capacity they are called (witness or accused), assessing the risk of arrest, and ensuring compliance to prevent the issuance of coercive warrants.
This Term in Indian Statutes
Bharatiya Nagarik Suraksha Sanhita, 2023, 2023
"Prescribes the formal requirements for a valid summons issued by a Court."
The foundational procedural rule for compelling appearance in general criminal courts.
Prevention of Money Laundering Act, 2002, 2002
"Power of authorities regarding summons, production of documents and to give evidence."
Grants ED officers the power to compel attendance, making statements given legally admissible.
