What to Do When You Receive a Summons from Another State — Practical Legal Checklist | Advocate Prakhar Gupta

Receiving a summons from another state can be unsettling. Suddenly, a notice arrives from a distant court or police station, asking you to appear or provide information in a matter you may or may not even know about. For many, the first instinct is panic—how can you possibly attend proceedings hundreds of kilometers away? The truth is, summons are legal directions backed by the Code of Criminal Procedure (CrPC) / Bhartiya Nagrik Suraksha Sanhita (BNSS) or Civil Procedure Code (CPC). They require a timely response, but they also come with rights and remedies to protect individuals from unnecessary harassment. This guide by Advocate Prakhar Gupta explains, in practical detail, how interstate summons work, what the law says, and the exact steps you should take immediately to safeguard your rights while avoiding costly mistakes.

Summons from Another State

A summons from another state is simply a legal directive sent by a court or police authority outside your current place of residence. It may call you as a witness, an accused, or even a complainant to appear in proceedings pending in another jurisdiction. Importantly, receiving such a notice does not automatically mean guilt—it is only a step in the judicial process ensuring participation.

Legal Basis of Summons Across States

Under the CrPC/ BNSS, courts are empowered to issue summons that extend beyond their territorial jurisdiction. Section 67 CrPC (Now Section 69 BNSS) provides that a summons can be served anywhere in India by sending it to a magistrate or police officer of the place where the recipient resides. Section 204 CrPC (Now 227 BNSS) governs the issuance of process by a magistrate after taking cognizance of a complaint, while Section 205 CrPC (Now 228 BNSS) empowers courts to exempt personal attendance and allow representation through counsel.

This framework ensures that no accused or witness escapes judicial process simply by residing in another state, while also protecting individuals from unreasonable hardship.

• Service of Summons in Another State
• Service of summons outside local limits usually happens through:
• Local police authorities delivering the notice,
• Postal services with acknowledgment due,
• Court officers deputed for service, or
• Commissioners appointed for specific cases.

Proof of service is recorded through affidavits, receipts, or reports filed before the issuing court. If service is defective—for example, if it was left with a neighbor or unsigned—it can be challenged later.

Jurisdiction and Its Role

Jurisdiction defines which court has the authority to try a case. A summons from another state is valid only if the case genuinely falls within that court’s territorial or subject-matter jurisdiction. If the summons seems misplaced, your advocate can challenge it before the appropriate forum.

Different Types of Summons

• Accused Summons: Calls upon the accused to appear and face charges.
• Witness Summons: Requires attendance to give testimony.
• Police Summons: Usually under Section 41A CrPC for investigation.
• Civil Summons: Typically in civil disputes like property or contracts.

Knowing which type you’ve received helps decide your immediate response.

Your First Reaction Matters

The worst mistake one can make is ignoring a summons. Courts treat non-appearance seriously, often escalating to bailable or even non-bailable warrants. Instead of panic or neglect, take measured steps—review the document, consult a lawyer, and respond appropriately.

Reading the Summons Properly

A valid summons contains the issuing court’s seal, date and time of appearance, purpose (accused/witness), and signature of the presiding officer. Carefully reading and verifying these details is crucial. Any irregularities may form part of your legal defense.

Zero FIR and Interstate FIR Transfer

In criminal cases, especially involving cybercrime or financial fraud, the concept of a Zero FIR allows any police station to register the complaint, regardless of jurisdiction. Later, the case file is transferred to the correct police station. If you are summoned as part of such proceedings, understanding the transfer chain is vital.

• Rights of an Accused in Interstate Summons
• Even when summoned from another state, you enjoy constitutional rights such as:
• The right to legal representation,
• The right to exemption from personal appearance when appropriate,
• The right to challenge improper jurisdiction,
• Protection against arbitrary detention.

Options if Summons is Defective

If you notice defects—wrong address, no seal, unsigned order—your lawyer can raise objections and seek quashing of the process. Courts take defective service seriously, as it undermines due process.

Appearing Through Counsel

Section 205 CrPC (Now 228 BNSS) allows representation through a pleader. Courts routinely grant this where the accused resides far away, preventing unnecessary travel. This is particularly useful in summons for procedural hearings where personal presence is not essential.

Applying for Exemption from Attendance

Your advocate can move an application requesting exemption from personal appearance, citing hardship, distance, or medical reasons. Courts generally permit this, especially in less serious cases, while directing representation through counsel.

When Personal Attendance Becomes Necessary

Despite exemptions, some cases—such as those involving serious charges—may still require personal attendance for framing of charges, recording of plea, or examination. Travel should then be planned carefully with legal assistance.

How to Prepare for Travel to Another State

If travel is unavoidable, ensure:

• Copies of summons and identity proof,
• Written authorization of your advocate,
• Safe travel arrangements,
• Prior intimation to your counsel in the issuing state.
• This preparation reduces risk and confusion during court appearance.

Risks of Bribery and Illegal Settlements

Attempting to “settle” matters by bribing police or court staff is itself a serious crime under anti-corruption laws. Instead of solving the problem, it creates new offences, including imprisonment and fines. Always seek legal solutions instead.

How to Legally Contest Jurisdiction

Your lawyer may file:

• Jurisdictional objection applications,
• Transfer petitions for fair trial,
• Quashing applications if summons were improperly issued.

These remedies ensure you are not dragged into unfair or illegal proceedings.

Civil Summons vs Criminal Summons

Civil summons usually involve contractual disputes, property issues, or financial recovery suits. Criminal summons, by contrast, involve allegations under penal laws. The procedure, consequences, and urgency differ significantly.

Police Summons vs Court Summons

Police summons (often under Section 41A CrPC (Now Section 35 BNSS)) demand attendance for investigation. Court summons, however, is a judicial order with more binding authority. Both require careful handling with legal guidance.

Steps a Victim Should Take if Summons Is Served

If you are a complainant rather than an accused, appearing as a witness is part of supporting your own case. In such situations, prompt cooperation is important while retaining your right to safety and legal advice.

Practical Checklist for Immediate Action by Advocate Prakhar Gupta

• Do not ignore the summons.
• Read and verify details.
• Keep original and scanned copies.
• Consult an advocate urgently.
• Seek exemption or pleader appearance.
• Prepare carefully if travel is needed.
• Never attempt bribery.
• Challenge jurisdiction if valid grounds exist.

Importance of Engaging a Local Advocate

A lawyer protects your rights, prevents missteps, drafts necessary applications, and represents you in both your local court and the issuing court. Without legal support, individuals often make avoidable mistakes.

How to Collect Evidence Before Responding

Preserve everything—summons copies, digital communication, FIR documents, even screenshots. Deleting or ignoring evidence can harm your defense.

FAQs on Summons from Another State

Final Legal and Practical Tips by Advocate Prakhar Gupta

• Preserve all summons and evidence.
• Never attempt to bribe or settle informally.
• Always seek legal counsel before responding.
• Apply for exemption or counsel appearance where possible.
• Travel safely and strategically if attendance is unavoidable.

By treating a summons from another state seriously yet calmly, you can protect your rights, minimize disruption, and ensure fair legal representation.

The present article is for educational purposes alone, please take independent Legal advice from a professionals

For More Information, Contact Advocate Prakhar Gupta