Jan 20, 2018
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What is the difference between summon case and warrant case?

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What is the difference between summon case and warrant case?

What are Summons?

Summons means A written notification issued by a civil court requiring that one must appear before the court in prescribed manner.  It issued by a Court are in writing, in duplicate, signed by the presiding officer of Court or other officer as the High Court may direct, and shall bear the seal of the Court. Its legal document issued by a Court on a person involved in a legal proceeding. It severed on a person against whom legal action taken or any witness of legal proceeding. A summon served on defendant by plaintiff to ensure fair trial. If the summons not duly served then no action lies against the defendant. Summons case‖ means a case relating to an offence, and not being a warrant case. In the Code of Criminal Procedure, section 61 to 69 deals with summons.

What do you mean by summon-case?

Summons-case means a case relating to an offence, and not being a warrant-case.

What do you mean by warrant-case?

Warrant-case means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years.

Difference between summon case and warrant case

1. The Code of Criminal Procedure prescribes two procedures for the trial of a warrant case by Magistrates, namely, one adopted by the Magistrate in case instituted on a Police Report while the other in case instituted otherwise than on a Police Report. But in trial of summon case, only one procedure followed, whether instituted on a Police Report or a complaint.

2. The procedure for summons cases is simpler and speedier. While the procedure for warrant cases are complicated and slower. Warrant cases deal with offences graver than those in summons cases. Such cases cannot tried in the same simple and speedy way as summons cases.

3.  In a warrant case, the accused gets more than one opportunity to cross- examine the prosecution witnesses. While in a summons case he gets only one opportunity to cross-examine the prosecution witnesses.

4. The Magistrate empowered to convert a summons case into a warrant case under the Code. While a warrant case cannot converted into a summons case.

5. In a summons case, after the issue of summons, the accused may plead guilty by post without appearing before the Magistrate. But no such provision exists in trial of a warrant case.

6.  In warrant case charge cannot split up into its constituents for trial under a summons case.

7. In warrant case, it gives greater opportunities for defense. While in summon case, it does not gives greater opportunity for defense.

8. The difference between the two forms of trial is not therefore merely one of form importing more irregularity curable u/S. 537 of the Criminal Procedure Code. On the other hand, it is so vital that there is an almost indefeasible presumption of prejudice to the accused if a warrant case is tried as a summons case.

9. In summons cases where the personal attendance of the accused has dispensed with, either under Section 205 or under Section 540-A, the court should have a power to dispense with his examination. While even where his personal attendance has dispensed with, the accused should  examined personally.

10.  In warrant case, framing of a formal charge necessary. In summon case, framing of a formal not necessary in a summons case.

Article Categories:
Criminal law

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