Difference Between Legal Notice and Court Summons in India
Difference Between Legal Notice and Court Summons in India
Many people confuse legal notices with court summons, but both are different in nature, origin, and legal implications. Understanding the distinction between the two is essential for anyone involved in a legal dispute—whether civil, commercial, or personal.
This article clearly explains the difference between a legal notice and a court summons under Indian law.
What Is a Legal Notice?
A legal notice is a formal communication sent by one party to another before initiating legal action. It warns the recipient of the sender’s intention to sue and gives an opportunity to resolve the matter amicably.
It is not issued by the court, but by an advocate on behalf of their client.
Key Features:
Sent by an advocate or individual
Pre-litigation step
Provides opportunity for settlement
Often used in civil, property, matrimonial, or consumer disputes
What Is a Court Summons?
A court summons is an official order issued by a court requiring a person to appear before it, either as a party or a witness. It is a part of ongoing legal proceedings.
Refusing or ignoring a court summons can have legal consequences, including arrest in criminal cases.
Key Features:
Issued by a judicial authority
Requires mandatory appearance
Follows the filing of a suit or complaint
Can be civil or criminal
Comparison Table: Legal Notice vs. Court Summons
Feature Legal Notice Court Summons
Issued by Advocate or individual Court or judicial authority
Nature Informal (pre-litigation) Formal legal command
Purpose Warning / settlement opportunity Mandatory appearance in court
Binding No legal compulsion Legally binding
Common Use Civil matters (e.g. cheque bounce, property) Civil and criminal trials
Action After Non-Response Can file suit May face ex-parte decree
Examples of Legal Notice
Cheque bounce under Section 138 of the Negotiable Instruments Act
Recovery of unpaid dues
Property possession disputes
Matrimonial issues (divorce, maintenance)
Examples of Court Summons
Summons issued to the defendant in a civil suit
Summons issued to accused in criminal proceedings
Summons to witnesses
Summons under Order V CPC (civil) or Sections 61–66 CrPC (criminal)
What Happens If You Ignore?
Ignoring a Legal Notice: No immediate legal punishment, but the sender may file a lawsuit, and the notice can be used as evidence.
Ignoring a Court Summons:
Civil cases: May lead to ex-parte decree.
Criminal cases: May lead to warrant of arrest.
Conclusion
While both legal notices and court summons are part of the broader legal system, they serve different purposes:
A legal notice is a tool of communication and warning, aiming to resolve disputes out of court.
A court summons is a formal judicial command requiring a person to appear before a judge.
Understanding this distinction helps you respond appropriately and protect your legal rights.
