Section 61 CrPC - Form of Summons under Code of Criminal Procedure 1973

Section 61 of the Code of Criminal Procedure, 1973 prescribed the mandatory form of a summons issued by a criminal court. The provision formed part of Chapter VI of the CrPC dealing with processes to compel appearance and specifically appeared under the heading "Summons".

Legal position covered by this article: This article explains Section 61 of the Code of Criminal Procedure, 1973 as applicable before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force. For proceedings governed by the BNSS, the corresponding provision is Section 63 of the BNSS.

What is Section 61 of CrPC?

Section 61 CrPC dealt with the form of summons. It prescribed the formal requirements that a summons issued by a Court under the Code had to satisfy.

A "summons" in this context is a formal process issued by a Court requiring a person to appear before it in accordance with law. Section 61 dealt with the form and authentication of that court process. The provisions governing the manner in which a summons was served were contained in the succeeding sections of the CrPC.

Text of Section 61 CrPC - Form of Summons

61. 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.

Essential Requirements of a Summons under Section 61 CrPC

Section 61 laid down several formal requirements for a summons issued by a Court under the CrPC. These requirements may be understood as follows:

The summons must be issued by a Court: Section 61 applied to a summons issued by a Court under the Code of Criminal Procedure.
It must be in writing: Under the CrPC provision, the summons was required to be in written form.
It must be prepared in duplicate: The statutory provision expressly required the summons to be in duplicate.
It must be signed: The summons had to be signed by the presiding officer of the Court or by another officer whom the High Court had authorised by rule for that purpose.
It must bear the seal of the Court: The Court seal was one of the express statutory requirements prescribed by Section 61.

Purpose of the Requirements under Section 61

The requirements in Section 61 provided a prescribed and authenticated form for a court summons. A written summons bearing the required signature and Court seal identified the process as one issued under the authority of the Court.

The requirement that the summons be prepared in duplicate also operated together with the provisions governing service. For example, Section 62 CrPC provided for personal service, where practicable, by delivering or tendering one of the duplicates to the person summoned.

Who Could Sign a Summons under Section 61 CrPC?

Section 61 contemplated two possibilities. The summons could be signed by the presiding officer of the Court. Alternatively, it could be signed by another officer where the High Court had, by rule, directed or authorised such an officer for that purpose.

Therefore, the provision did not confine the signing authority exclusively to the presiding officer in every situation. It expressly recognised an officer authorised in accordance with rules made by the High Court.

What Was the Prescribed Form of Summons?

The Second Schedule to the Code of Criminal Procedure contained prescribed forms. Form No. 1 was the form of summons to an accused person and referred to Section 61.

In substance, that form identified the accused and address, stated the charge or offence for which attendance was necessary, directed the person to appear before the specified Magistrate or Court on the stated date, and provided for the Court seal and signature.

Section 61 and Section 62 CrPC - Difference

Provision	Subject	Main Purpose
Section 61 CrPC	Form of summons	Prescribed how a summons was to be prepared, authenticated, signed and sealed.
Section 62 CrPC	Summons how served	Prescribed the ordinary manner in which a summons was to be served.

Thus, Section 61 concerned the form of the summons, whereas Section 62 dealt principally with the method of service.

Related CrPC Provisions on Service of Summons

Section 61 should be read with the succeeding provisions of Chapter VI relating to summons. The relevant provisions included:

Current Law: Section 63 of BNSS Corresponds to Section 61 CrPC

The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 as the principal criminal procedure legislation from 1 July 2024, subject to the applicable repeal and savings provisions.

The provision corresponding to Section 61 CrPC is Section 63 of the BNSS, 2023, also titled "Form of summons".

The BNSS retains the written form of summons in duplicate, with the required signature and Court seal. It additionally recognises a summons in an encrypted or other form of electronic communication bearing the image of the Court seal or a digital signature.

Accordingly, Section 61 CrPC remains important for understanding proceedings governed by the earlier Code and for interpreting the historical legal framework, while Section 63 BNSS should be consulted for proceedings governed by the current Sanhita.

Frequently Asked Questions

What did Section 61 CrPC deal with?

Section 61 of the Code of Criminal Procedure, 1973 dealt with the form of a summons issued by a Court.

Was a summons required to be in writing under Section 61 CrPC?

Yes. Section 61 expressly required every summons issued by a Court under the CrPC to be in writing and in duplicate.

Who was required to sign a summons?

It was required to be signed by the presiding officer of the Court or by another officer whom the High Court could, by rule, direct.

Was the Court seal mandatory?

Section 61 expressly provided that the summons shall bear the seal of the Court.

Which BNSS provision corresponds to Section 61 CrPC?

Section 63 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponds to Section 61 CrPC and deals with the form of summons.

Conclusion

Section 61 CrPC prescribed the basic formal requirements of a Court summons under the Code of Criminal Procedure, 1973. A summons was required to be in writing, prepared in duplicate, properly signed by the prescribed judicial or authorised officer, and authenticated with the seal of the Court.

For matters governed by the BNSS, the corresponding provision is Section 63 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which preserves the traditional written form while also recognising electronic forms of summons in accordance with its terms.