Kanoon SamjhoIndian law, made simple
Court Process

I received a court summons. What should I do?

Simple answer

Don't ignore it. A summons orders you to come to court on a set date. In a civil case, if you stay away, the court may decide without hearing you (ex parte). In a criminal case, it may issue a warrant for your arrest.

Real-life examples

Priya gets a civil summons in a money suit filed by her old landlord. She meets a lawyer, appears on the date and files her written reply (written statement) within the time allowed.

Abdul is summoned as an accused in a cheque bounce case but skips the date without any reason. The Magistrate issues a warrant. Abdul now has to appear and ask the court to cancel the warrant.

Neha gets a WhatsApp 'court summons' demanding money to avoid arrest. Real courts don't collect money like this. She checks eCourts, finds no such case, and reports it on 1930.

What should you do?

  1. 1Read the summons: court name, case number, hearing date, and whether you are called as defendant, accused or witness.
  2. 2Verify the case on eCourts or at the court office. Fake summons scams are common.
  3. 3Show it to a lawyer quickly. Can't afford one? Call 15100 for free legal aid.
  4. 4Appear on the date. If you have a genuine reason not to, ask through your lawyer for exemption from personal appearance.
  5. 5In a civil case, file your written statement within the time allowed, usually 30 days from receiving the summons.
  6. 6If a decision was passed against you in your absence, apply quickly to set it aside, usually within 30 days.

Exceptions & limits

  • A witness summons is different: you must attend and tell the truth, but you are not being accused of anything.
  • If the summons never properly reached you, you can ask the court to set aside a decision made in your absence.
  • Deliberately not attending court on a valid summons is itself an offence: up to 6 months' jail, a fine up to ₹10,000, or both.

Official legal reference

  • Code of Civil Procedure, 1908 — Order V

    How a civil court issues and serves summons (by hand, post, courier or email), asking the defendant to appear and file a written statement.

    Read the official text

  • Code of Civil Procedure, 1908 — Order IX

    If a party does not appear, the court may proceed ex parte; under Rule 13 a defendant can ask to set aside an ex parte decree.

    Read the official text

  • Bharatiya Nagarik Suraksha Sanhita, 2023 — Sections 63, 64

    Form of a criminal summons and how it is served, including electronic summons bearing the court's seal.

    Earlier: CrPC Sections 61, 62Read the official text

  • Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 90

    The court may issue an arrest warrant if a person is likely to abscond or ignores a served summons without reasonable excuse.

    Earlier: CrPC Section 87Read the official text

  • Bharatiya Nyaya Sanhita, 2023 — Section 208

    Intentionally not attending court when legally summoned: up to 6 months' simple jail, fine up to ₹10,000, or both.

    Earlier: IPC Section 174Read the official text

Where to get help

eCourts Services

Check case status, next hearing date and orders using the CNR number.

services.ecourts.gov.in

NALSA Free Legal Aid

Free lawyer and legal advice for eligible people through Legal Services Authorities.

Call 15100nalsa.gov.in

National Cyber Crime Helpline

Report online financial fraud immediately so the money trail can be frozen.

Call 1930cybercrime.gov.in

Source & status

Applies to
All of India
Law in force since
1 Jul 2024
Legal review
Draft — awaiting lawyer review

Educational information, not legal advice for your case. Exact facts and the law that applies matter — speak to a lawyer before acting.

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