Define and distinguish between Summons and Warrant Case

Question: Define and distinguish between Summons and Warrant Case. [DJS 1973, DJS 1989, B & JJS 1984]

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Answer

As per Section 2(w) of CrPC, “Summons-case” means a case relating to an offence, and not being a warrant- case. Summons is a notification that orders a person to whom it was sent to appear before the Court and answer the Magistrate on the complaint made against him. It is issued by the Magistrate under Section 204 (1) (a) of the Criminal Procedure Code, 1973.

As per Section 2(x) of CrPC, “Warrant- case” means a case relating to an offence punishable with death, imprisonment for life, or imprisonment for a term exceeding two years. They are usually cognizable offences that are serious or grievous in nature and in which the police arrest without a warrant. The procedure of the Warrant case is defined under Chapter XIX of the Code of criminal procedure and Chapter XX deals with the trial of summon cases by Magistrate.

Key Differences between Summons and Warrant Case

1. There is only one procedure prescribed for trial of summons cases (Sections 251-259), whereas for warrant cases there are two types of procedure namely: (1) Cases instituted on the police report (Sections 238-243, 248-250) and (2) Cases instituted otherwise than on police report (Sections 244- 247, 248-250).
2. Framing of charge is not necessary (Section 251), while in warrant cases Framing of charge is necessary (Section 240 and section 246).
3. In summon cases summon shall be issued (Section 204(1) (a)). On the other hand, in warrant cases either warrant or summon may be issued (Section 204(1) (b)).
4. According to Section 259 of CrPC Trial of Summons Cases can be converted into a trial of warrant cases. On the contrary, Trial of Warrant Cases cannot be converted into Summons cases.

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