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You've received a court summons. What it means

A summons is an order from a court to appear or respond by a set date. Here's how to check it is genuine, what happens if no one appears, and how to get free legal aid.

Reviewed by Anjali, Naveen & ZiyanaUpdated 6 min readRules vary by state ↓

In short

  • A summons comes from a court. It names the court, the case number, the parties and a date. Unlike a legal notice, it needs to be acted on.
  • Civil summons are governed by the Code of Civil Procedure (Order V). Criminal summons are governed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the CrPC on 1 July 2024.
  • Courts can now send summons electronically, but a genuine summons can always be checked against the court's records on the eCourts portal.
  • If no one appears, a civil court can decide the case without you ("ex parte"). A criminal court can issue a warrant.
  • Free legal aid is available through Legal Services Authorities for women, children, SC/ST members, industrial workmen, people in custody and people under an income limit, among others.

Reviewed by 3 advocates · 2 Bar Councils

  • Approved ·

    Practises civil and consumer law

    Reviewed this guide for accuracy against the sources listed below.

02What the law says

In a civil case, the court issues a summons under Order V of the Code of Civil Procedure, asking the defendant to appear and answer the claim. A copy of the plaint is usually attached. The defendant generally has 30 days to file a written statement. Commercial cases have stricter limits. If the defendant doesn't appear after being properly served, the court can proceed ex parte (Order IX, Rule 6). A defendant can apply to set aside an ex parte decree by showing they weren't properly served or had sufficient cause for not appearing (Order IX, Rule 13).

In a criminal case, the BNSS lets a court issue a summons in writing with the court's seal, or in electronic form. Summons can be served in person, or electronically where the rules allow, and electronic service can count as proper service. If an accused person doesn't appear, the court can issue a warrant, and if the person is absconding, the court can issue a proclamation requiring them to appear.

Under Section 12 of the Legal Services Authorities Act, 1987, free legal services are available to members of Scheduled Castes and Scheduled Tribes, victims of trafficking or begar, women and children, persons with disabilities, victims of mass disasters and similar hardship, industrial workmen, persons in custody, and people whose annual income is below the limit their state sets. Legal aid covers both bringing and defending civil and criminal cases.

Your state

General information for India. State-specific notes are listed below.

Karnataka · Free legal aid in Karnataka

Karnataka's income limit for free legal services, for cases in courts other than the Supreme Court, is an annual income of ₹3,00,000. People in other eligible categories, such as women, children and SC/ST members, qualify whatever their income. Applications go through the Legal Services Authority system: the Taluka Legal Services Committee, the District Legal Services Authority, or the Karnataka State Legal Services Authority.

Karnataka State Legal Services Authority (opens in new tab)

Tamil Nadu · Free legal aid in Tamil Nadu

Tamil Nadu's income limit for free legal services, for cases in courts other than the Supreme Court, is an annual income of ₹3,00,000. You can apply through the Taluk Legal Services Committee, the District Legal Services Authority, or the Tamil Nadu State Legal Services Authority. People in other eligible categories, such as women, children and SC/ST members, qualify whatever their income.

Tamil Nadu State Legal Services Authority (opens in new tab)

03Where you can go

  1. eCourts services (services.ecourts.gov.in (opens in new tab)) or the eCourts Services app. A search by CNR number, case number or party name shows whether the case exists and the next date.
  2. The court's registry or the district court's official website, to confirm the summons and get copies.
  3. An advocate, to review the papers and appear for you.
  4. Legal Services Authority. The Taluka Legal Services Committee, District Legal Services Authority, State Authority, or the NALSA helpline 15100.

04How it usually works

  1. 01

    People usually note the date they received the summons and how it was delivered: by court staff, post, courier, email or message.

  2. 02

    The court name, case number, parties and hearing date are on the summons, and the case can be checked on eCourts or with the court registry.

  3. 03

    The attached papers set out the claim: the plaint in a civil case, or the complaint in a criminal case.

  4. 04

    Many people speak to an advocate or apply for legal aid well before the hearing date.

  5. 05

    On the date, the person or their advocate appears. In a civil case, a written statement is filed within the time allowed.

  6. 06

    If a date was missed, the case status on eCourts shows what happened, such as "ex parte" or a warrant. Steps can sometimes be taken to reverse it.

05Time limits

  • The hearing date on the summons.
  • 30 days: generally, to file a written statement in a civil suit. The court can allow more time in ordinary suits. Commercial suits have a strict outer limit.
  • 30 days: to apply to set aside an ex parte decree, counted from the decree or from when you learned of it if you weren't properly served.

06Documents to gather

  • The summons, envelope or email, and a note of the date received
  • The plaint or complaint and any attached documents
  • Your own documents about the dispute: agreements, payments, messages
  • ID and address proof
  • An income affidavit or certificate, if applying for legal aid on income grounds

07Common questions

A genuine summons names a specific court and case number that can be found on eCourts or by contacting the court. Courts don't ask for money to "settle" a summons over a phone or video call. A summons whose details don't match calls for caution; the guide on fake notices explains common scams.

Courts can serve summons electronically in some situations, so it may be genuine. Checking the case number on eCourts is the reliable way to confirm.

An advocate can usually appear for you or ask for an adjournment. In some criminal cases the court can excuse personal attendance. Not responding at all risks an ex parte decision or a warrant.

No. It covers civil and criminal cases, for both sides, if you meet the eligibility criteria.

08Questions to ask an advocate

If you speak to an advocate, these questions can help make the conversation useful.

  • Is this a civil or a criminal summons, and what does it require me to do?
  • What is my deadline to file a response, and can it be extended?
  • Do I need to appear in person?
  • If something was already decided in my absence, how can it be set aside?

09Sources

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This guide is general legal information for India, not legal advice. Laws and procedures change and can differ by state. For advice on your situation, speak to a qualified advocate.

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