Section 61 CrPC: Form of summons

Code of Criminal Procedure, 1973

Section 61 CrPC at a Glance

Section 61 CrPC deals with form of summons. From 1 July 2024 it is replaced by Section 63 BNSS.

Now BNSS

Section 63 →

What Section 61 CrPC Says

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.

Source: Section 61, Code of Criminal Procedure, 1973

Section 61 CrPC in Simple Words

Section 61 of the Code of Criminal Procedure, 1973 deals with the form of a summons. Every summons issued by a Court under the Code shall be in writing, in duplicate, signed by the presiding officer of that 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.

When Section 61 CrPC Applies

  • A summons issued by a Court under the Code shall be in writing and in duplicate.
  • The summons shall be signed by the presiding officer of the Court that issues it, or by such other officer as the High Court may, from time to time, by rule direct.
  • The summons shall bear the seal of the Court.

Example of Section 61 CrPC

Meera is the presiding officer of a Court in Jaipur. The Court issues a summons to Rajesh under the Code of Criminal Procedure, 1973. Under Section 61 CrPC, the summons shall be in writing and in duplicate, signed by Meera, and shall bear the seal of the Court. If the High Court has by rule directed another officer to sign, that officer may sign the summons in place of Meera.

When Section 61 CrPC Does Not Apply

  • Section 61 CrPC speaks of the form of a summons issued by a Court. It does not deal with how a summons is served on the person summoned.
  • Section 61 CrPC speaks of a summons. It does not deal with a warrant of arrest.

Section 61 CrPC Under BNSS 63: What Changed

Section 61 CrPC is now covered under Section 63 BNSS.

Section 63 BNSS has the same heading as Section 61 CrPC. Section 63 BNSS reads Sanhita where Section 61 CrPC read Code. Section 63(i) BNSS carries the words of Section 61 CrPC as the first of the alternatives joined by or. Section 63(ii) BNSS adds a summons in an encrypted or any other form of electronic communication bearing the image of the seal of the Court or digital signature, and Section 61 CrPC has no counterpart to it.

View detailed comparison (CrPC 61 vs BNSS 63) →

FAQs on Section 61 CrPC

What does Section 61 CrPC say about the form of a summons?▼

Section 61 CrPC says that every summons issued by a Court under the 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.

Who signs a summons under Section 61 CrPC?▼

The presiding officer of the Court that issues the summons signs it, or such other officer as the High Court may, from time to time, by rule direct.

What does Section 61 CrPC say about a duplicate and the seal of the Court?▼

Section 61 CrPC says that every summons issued by a Court under the Code shall be in duplicate and shall bear the seal of the Court.

Where is Section 61 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 61 CrPC has no sub-sections, and maps as a whole to Section 63 BNSS. The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·