All India Bar Examination (AIBE) 16-XVI Previous Year Question Papers with Answers

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51.

Under the provision of the code of criminal procedure, 1973

A: Summons can be oral
B: Summons cannot be served on corporate entities
C: Summons are either for apperance or for producing a document/thing
D: Summons can be served to servants in case the person on whose name summons are made cannot be found

The answer is: C

Explanation

The correct option is C: Summons are either for appearance or for producing a document/thing.

According to section 91 of the Code of Criminal Procedure, 1973, a court or a police officer may issue a summons to a person to attend and produce a document or other thing that is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding. A summons is a legal document that requires the person summoned to appear before a judge or magistrate.

The other options are incorrect because:

A: Summons cannot be oral. They must be in writing, signed by the presiding officer of the court, and served in duplicate.

B: Summons can be served on corporate entities. Section 63 of the Code of Criminal Procedure, 1973 provides that the service of summons to corporate bodies and societies may be effected by serving the summons on the secretary, local manager or other principal officer of the corporation concerned.

D: Summons cannot be served to servants in case the person on whose name summons are made cannot be found. Section 64 of the Code of Criminal Procedure, 1973 states that if the person summoned cannot be found, the summons may be served on any adult male member of his family residing with him, and the service shall be deemed to have been effected on the person summoned.