Form of summons
Section 61 of the Code of Criminal Procedure, 1973 deals with form of summons. 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, The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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,
Section 61, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 63 Form of summons Text carried over almost unchanged 90%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Mohd. Ghulam Rasool vs Shameem Sultana
Court's Decision & Legal Precedent
Service of summons in maintenance proceedings under Section 125 CrPC can be validly effected by registered post with acknowledgment due in accordance with Rule 13-A of Criminal Rules of Practice and Circular Orders 1990, and when such registered post notice is unclaimed, it constitutes deemed service under Section 27 of the General Clauses Act 1897, thereby validating an ex parte order passed in maintenance proceedings.
On this section: Defines form of summons - must be in writing, duplicate, signed by presiding officer, bearing court seal. Court examined whether this section mandates personal service only.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… by a court, the judicial mind had already been applied to the case when the warrant was issued and, therefore, there is less reason for making such production in that case a matter of a substantive fundamental right. It is also perfectly plain that the language of Article 22(2) has been practically copied from Sections 60 and 61 of the Code of Criminal Procedure which admittedly prescribe the procedure to be followed after a person has been arrested without warrant. The requirement of Article 22(1) that no person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest indicates …
Questions about Section 61
What have the courts held on Section 61 of the Code of Criminal Procedure?
Mohd. Ghulam Rasool vs Shameem Sultana (20 Oct 2009) is the leading judgment on this section among those set out below: Defines form of summons - must be in writing, duplicate, signed by presiding officer, bearing court seal. Court examined whether this section mandates personal service only.
How do I find court cases under Section 61 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 61, section 61 CRPC, section 61 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Mohd. Ghulam Rasool vs Shameem Sultana (20 Oct 2009).
What should I read with Section 61 of the Code of Criminal Procedure, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNSS 63 (Form of summons), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 61 of the Code of Criminal Procedure come into force?
Section 61 of the Code of Criminal Procedure, cited as CRPC 61, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.