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Summons/Warrants

Summon

A summon is the first step. If an individual summoned does not respond and fails to present himself/herself in the court on the said date, the court would then authorize a warrant.

Section 61 of the Code of Criminal Procedure states that every summon that the court issues should be in writing, along with a duplicate copy, which must feature two things:

  • The signature of the Judge of the Court or Presiding Officer or any officer authorized by the court
  • Seal of the court

Warrant

Section 70 of the Criminal Procedure Code states that every arrest warrant should be in writing and duly signed by the respective court’s presiding officer. The warrant should contain the seal of the court that has issued the warrant. An arrest warrant never expires. It stays in force until it has been executed, i.e., until the person has been arrested or unless the court that has issued the warrant cancels it or the person in question dies.

Under Section 71, an arrest warrant is issued for the security of the person before the court of law. The arrested person should be brought to the court within 24 hours of his or her arrest.

Benefits to choose service

Summons and warrants are two legal terminologies that people may have often heard of, but not everybody knows the difference between the two. Also, you must know the right thing to do when you or anybody you know receives a summon or a warrant from the court. Sometimes, a single mistake in matters of the court can put you in a legal mess. So, it is important to choose a legal service so that you make the right move and let justice prevail.

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    Frequently Asked Questions (FAQs)

    The best thing to do when you receive a summon is to call a lawyer. This is particularly true, if you have no legal knowledge. Even if you have, litigation is not something that you do by trial and error. You must be an expert in it because, at times, cases get more complicated as they proceed.

    You must never ignore a summon. Not responding to a summon is considered contempt of court. If you do not present yourselves at the mentioned date and time in the court, then you may receive a warrant. This would unnecessarily complicate the case.

    In case you are unable to be present in the court at the said date and time, you must give a genuine reason for it and inform the court. The court shall then give you another date to appear. With a lawyer by your side, you need not worry about these things. He or she can handle these issues absolutely well.

    You have the right to remain silent. Please do not argue with the police officer because whatever you say at this time might be used against you during the case. You have the right to call a lawyer, and you must do this without delay. You must not run when the police officer comes to arrest you because evading arrest is also considered a crime.

    Under the Indian Penal Code, an arrested person has certain rights. Many people are unaware of their rights. Some people become frightened when they come to know the police has come to arrest them. This usually happens when a person is wrongfully charged and the warrant is wrongfully issued.

    However, whether you are guilty or innocent of a crime, you must have a lawyer by your side to protect your rights, to tell you what exactly to do in the court of law, and to represent your case properly. Also remember that, in the eyes of the law, you are innocent until proven guilty.

    Please do not try to handle the situation alone. Also, please do not be afraid. The law gives every individual the right to defend himself/herself. It’s important that you have the best lawyer by your side to represent your case.

    Lawyers at India Legal Center are an experienced lot with compassion and knowledge to the core.

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