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Does Defendant have to participate before summons


21-Nov-2025 (In Criminal Law)
There is pending private complaint to gain bargaining advantage by framing me on false charges. Judge has not issued summons. I do not even have a Court order to challenge. Without summons, am I obligated to appoint advocate.
Answers (5)

Answer #1
707 votes
Greetings We can understand your grief In peivate complaints under section 190 CrPC the magistrate will first examine the case and decide whether you will be held accused or not. If you are considered accused then the summons will be issues then only you are obligated to appoint an advocate. Thank You
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Advocate Anuj Goel

Adv. Anuj Goel

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Answer #2
975 votes
See, the position of law has changed in light of the new Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS) earlier there was no concept of pre-summoning hearing. But the new criminal Act has provided a privilege to the opposite party in private complaints case before summoning, so, you need to hire a lawyer or you could defend yourself in person as well. Since, once summon is issued in a complaint case you would be treated as accused person and also under deemed custody of the court, which has got far reaching consequences. So, it is better advised to avail the benifit which new law has accorded and have lawyer.
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Advocate Ashutosh Kumar Mishra

Adv. Ashutosh Kumar Mishra

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Answer #3
710 votes
a private complaint, you are not required to appear or appoint an advocate unless the court issues summons or notice to you. At the pre-summoning stage, the Magistrate only examines the complainant and evidence under Sections 200–202 CrPC. You are not a party to the proceedings yet, and no legal obligation arises for you to take any step.
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Advocate Madhvi Chopra

Adv. Madhvi Chopra

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Answer #4
774 votes
If you think you have knowledge of the law and you are well aware of the court proceedings and understand the technicalities of courts, there is no obligation to appoint an advocate even if summons are issued or you're being tried no matter how grave the offence. You can fight your case party in person, but beware it's like playing with fire. Better hire an advocate when you receive the summons.
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Advocate Puneet Srivastava

Adv. Puneet Srivastava

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Answer #5
993 votes
Before the enactment of BNSS, accused had no say in the process for the issuance of the summon. Now, the Court issues notice to the accused thereby calling him to have a say. It is done to ensure the credibility of the complaint filed. You can appoint an advocate to assist you in the process.
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Advocate Aditya Kumar

Adv. Aditya Kumar

LawRatoDelhi | 25+ Answers
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