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R.KARPOORASUNDARAM (ASSISTANT PROFESSOR)     29 June 2017

Summons abroad

Kindly let me know the procedure to send a court summon to a person residing in America


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 2 Replies

Raveena Kataria (Advocate )     29 June 2017

Summons can be issued by the court for a person living abroad only in criminal matters.

Section 105 of CrPC lays down, where the court desires a summons to an accused person be served "in any country of place outside India in respect of which arrangements have been made by the Central Government with the Government of such country or place for service or execution of summons or warrant in relation to criminal matters....it may send such summons or warrant in duplicate in such form, directed to such Court, Judge or Magistrate, and sent to such authority for transmission, as the Central Government may, by notification, specify in this behalf."

U.S. is such a country in respect of which such arrangements have been made.

Hope this helps!

Siddharth Srivastava (Advocate)     29 June 2017

You just furnish the address to the court and the court will issue summons to be served through the particular high commission of India situated where defendant resides. 


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