Form of summons
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Summary
All summons issued by a Court must be either written in duplicate, signed by the presiding officer or an officer authorised by the High Court, and bear the Court seal, or be sent in encrypted or other electronic form carrying an image of the seal or a digital signature. This rule applies whenever a Court issues a summons. A summons lacking these formalities can be invalid.
Example
Arjun is accused of damaging a neighbour's fence and the magistrate issues a summons. If the court sends a paper summons it must be in duplicate, signed by the presiding officer and bear the Court seal; if the court sends an electronic summons it must be encrypted and include the Court's seal image or a digital signature to be valid.
Bare Act
Enacted textEvery summons issued by a Court under this Sanhita shall be,-
(i) 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; or
(ii) in an encrypted or any other form of electronic communication and shall bear the image of the seal of the Court or digital signature.
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