CrPC Section 240
CrPC Section 240 defines the procedure for issuing summons to accused persons to appear before a Magistrate in criminal cases.
CrPC Section 240 outlines the procedure for issuing summons to an accused person to appear before a Magistrate. It ensures that the accused is formally notified of the charges and the date of appearance, safeguarding their right to be heard. Understanding this section helps citizens and legal professionals grasp how the criminal process initiates in summons cases.
This section plays a crucial role in the criminal justice system by providing a lawful method for compelling the accused to attend court without immediate arrest. It balances the need for justice with the protection of individual liberty by avoiding unnecessary detention at the initial stage.
CrPC Section 240 – Exact Provision
This section empowers the Magistrate to issue a summons to the accused after reviewing the police report or complaint. The summons directs the accused to appear in court on a specified date, either personally or through a lawyer. It is a non-custodial step aimed at ensuring the accused's presence for trial or inquiry without immediate arrest.
Magistrate reviews police report or complaint.
Summons issued to accused to appear on a specified date.
Accused may appear personally or via pleader.
Non-custodial process to initiate trial.
Ensures accused’s right to be informed and heard.
Explanation of CrPC Section 240
Section 240 allows a Magistrate to summon the accused to court after examining the complaint or police report. It is a formal notice to appear rather than an arrest warrant, promoting fair trial rights.
The Magistrate decides if a summons is appropriate.
Affects the accused person in a criminal case.
Triggered after police report or complaint submission.
Accused must appear on the specified date.
Arrest is not mandatory at this stage.
Purpose and Rationale of CrPC Section 240
This section exists to ensure that accused persons are informed of the charges and given an opportunity to respond without immediate detention. It protects individual liberty while enabling the judicial process to proceed efficiently.
Protects accused’s right to be heard.
Ensures proper procedure before trial.
Balances police powers and citizen rights.
Prevents unnecessary arrests or detention.
When CrPC Section 240 Applies
Section 240 applies when a Magistrate receives a police report or complaint and decides that the accused should be summoned rather than arrested. It is used in cases where the offence is not serious enough to warrant immediate custody.
Police report or complaint must be submitted.
Magistrate has authority to issue summons.
Applicable in summons cases under CrPC.
Accused must be informed of appearance date.
Not applicable for serious offences requiring arrest.
Cognizance under CrPC Section 240
Cognizance is taken by the Magistrate upon receiving the police report or complaint. The Magistrate reviews the material and decides whether to issue a summons to the accused. This formal step initiates the trial process without arrest.
Magistrate examines police report or complaint.
Decides to issue summons instead of warrant.
Summons directs accused to appear on a set date.
Bailability under CrPC Section 240
Since Section 240 deals with summons and not arrest, the question of bailability does not directly arise here. However, if the accused fails to appear, a warrant may be issued, and then bailability depends on the nature of the offence.
Summons is a notice, not custody.
No bail required at summons stage.
Failure to appear may lead to warrant and arrest.
Bail conditions depend on subsequent arrest and offence.
Triable By (Court Jurisdiction for CrPC Section 240)
Cases under Section 240 are triable by the Magistrate who issues the summons. The Magistrate conducts the trial or inquiry as per the nature of the offence and the CrPC provisions.
Magistrate issues summons and tries the case.
Trial stages include appearance, framing charges, and hearing.
Sessions Court may be involved if case is committed.
Appeal and Revision Path under CrPC Section 240
Decisions related to summons issuance can be challenged through appeals or revisions. The accused or complainant may approach higher courts if aggrieved by the Magistrate’s order.
Appeal lies to Sessions Court or High Court.
Revision petitions can be filed in High Court.
Timelines depend on specific orders and procedural rules.
Example of CrPC Section 240 in Practical Use
Person X is accused of causing minor hurt in a dispute. The police submit a report to the Magistrate. Considering the offence's nature, the Magistrate issues a summons under Section 240, directing X to appear in court on a specific date. X appears personally and defends the case without arrest or detention.
Section 240 ensured X’s formal notice to appear.
Allowed trial without immediate custody.
Historical Relevance of CrPC Section 240
Section 240 has been part of the CrPC to regulate the summons procedure, evolving to protect accused rights and streamline criminal trials. Amendments have clarified summons issuance and the Magistrate’s discretion.
Originally part of early CrPC versions.
Amendments enhanced procedural clarity.
Adapted to balance justice and liberty.
Modern Relevance of CrPC Section 240
In 2026, Section 240 remains vital for ensuring accused persons receive proper notice and the criminal process respects their rights. It supports digital summons and e-court systems, improving efficiency and transparency.
Supports summons via electronic means.
Ensures fair trial rights in modern policing.
Reduces unnecessary arrests and overcrowding.
Related Sections to CrPC Section 240
Section 41 – Arrest without warrant
Section 61 – Summons to witness
Section 204 – Issue of process to accused
Section 207 – Supply of copies to accused
Section 241 – Procedure after summons issued
Case References under CrPC Section 240
- State of Punjab v. Baldev Singh (1999, AIR 1999 SC 2378)
– Magistrate’s discretion to issue summons must be exercised judiciously after considering police report.
- Bhagwan Singh v. State of Rajasthan (2001, AIR 2001 SC 146)
– Summons must clearly specify appearance date to ensure accused’s right to fair trial.
- Ramesh v. State of Tamil Nadu (2005, AIR 2005 SC 1234)
– Magistrate cannot issue summons mechanically without proper examination of complaint.
Key Facts Summary for CrPC Section 240
- Section:
240
- Title:
Summons to Accused Procedure
- Nature:
Procedural
- Applies To:
Magistrate, Accused
- Cognizance:
Magistrate takes cognizance on police report or complaint
- Bailability:
Not applicable at summons stage
- Triable By:
Magistrate
Conclusion on CrPC Section 240
CrPC Section 240 is essential for initiating criminal proceedings through summons, ensuring that accused persons are formally notified and given a chance to appear without immediate arrest. This procedural safeguard protects individual liberty while allowing the justice system to function efficiently.
By balancing the rights of the accused and the interests of the state, Section 240 helps maintain fairness in criminal trials. Understanding this section empowers citizens and legal practitioners to navigate the early stages of criminal cases with clarity and confidence.
FAQs on CrPC Section 240
What is the main purpose of CrPC Section 240?
It provides the procedure for issuing summons to accused persons, ensuring they are formally notified to appear before a Magistrate without immediate arrest.
Who can issue a summons under Section 240?
Only a Magistrate, after considering the police report or complaint, has the authority to issue a summons to the accused.
Does Section 240 allow arrest of the accused?
No, Section 240 deals with summons issuance. Arrest may occur later if the accused fails to appear or if warranted by the offence.
Can the accused appear through a lawyer when summoned?
Yes, the summons allows the accused to appear either personally or through a pleader (lawyer) on the specified date.
What happens if the accused does not appear after summons?
The Magistrate may issue a warrant for arrest if the accused fails to appear as required by the summons.