Differences between Summon Cases and Warrant Cases

Question

Distinguish between Summons case and Warrant case. [Punj JS 2003]
Write note on Warrant-Case [BJS 1978]
(a) What are the material points of difference between Summons and Warrant cases?

(b) Describe the procedure for the trial of Summons Cases. [BJS 1984]

Summons and Warrant cases [HJS 1988, 1999]
Define with reference to Criminal Procedure Code—

(i) Complaint , (ii) Inquiry, (iii) Police Report , (iv) Warrant case, (v) Cognizable offence, (vi) Judicial Proceeding . [RJS 1976]

Explain—

(i) Cognizable offence

(ii) Non-bailable offence

(iii) Summons case [RJS 1977]

What is a ‘warrants case’? [RJS 1984, 1991, 2011]
Distinguish between any three of the following:

(a) Trial, Enquiry and Investigation.

(b) Complaint and Police Report.

(c) Cognizable and Non-cognizable offence.

(d) Summons Case and Warrant Case [DJS 1973]

Distinguish between (a) summons case and warrant case, (b) discharge and acquittal. [DJS 1989]
Write a short notes on:
(a) Investigation, inquiry and trial.
(b) Complaint case and police case. [DJS 2008]

Law Faculty · Answer

Basis Summon Cases Warrant Cases Provision Section 2(w) Section 2(x) Definition “Summons- case” means a case relating to an offence, and not being a 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. Kind              of Procedure                     for trial There is only one procedure prescribed for trial of summons cases (Sections 251 – 259). There are two types of procedure for trial of warrant cases by Magistrates namely: (1) Cases instituted on police report (Sections 238 – 243, 248-250) and (2) Cases instituted otherwise than on police report (Sections 244 – 247, 248-250). Framing                       of Charge Framing      of      charge      is      not necessary(Section 251) Framing    of    charge    is    necessary (Section 240 and section 246). Issue of process In summon cases summon shall be issued (Section 204(1) (a)). In warrant cases either warrant or summon may be issued (Section 204(1) (b)). Conversion According to Section 259 Trial of Summons Cases can be converted into trial of warrant cases. Trial of Warrant Cases cannot be converted into Summons cases Acquittal/ Discharge In case of non-appearance of complainant, Magistrate may acquit the accused. In case of non-appearance of complainant, Magistrate may discharge the accused in some case before framing of charge.

Basis	Summon Cases	Warrant Cases
Provision	Section 2(w)	Section 2(x)
Definition	“Summons- case” means a case relating to an offence, and not being a 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.*
Kind of Procedure for trial	There is only one procedure prescribed for trial of summons cases (Sections 251 – 259).	There are two types of procedure for trial of warrant cases by Magistrates namely: (1) Cases instituted on police report (Sections 238 – 243, 248-250) and (2) Cases instituted otherwise than on police report (Sections 244 – 247, 248-250).
Framing of Charge	Framing of charge is not necessary(Section 251)	Framing of charge is necessary (Section 240 and section 246).
Issue of process	In summon cases summon shall be issued (Section 204(1) (a)).	In warrant cases either warrant or summon may be issued (Section 204(1) (b)).
Conversion	According to Section 259 Trial of Summons Cases can be converted into trial of warrant cases.	Trial of Warrant Cases cannot be converted into Summons cases
Acquittal/ Discharge	In case of non-appearance of complainant, Magistrate may acquit the accused.	In case of non-appearance of complainant, Magistrate may discharge the accused in some case before framing of charge.