Warrant case vs Summon case (DIFFERENCE BETWEEN THE PROCEDURE OF TRIAL FOR WARRANT CASE AND SUMMON CASE)

In this article we will be discussing the DIFFERENCE BETWEEN THE PROCEDURE OF TRIAL FOR WARRANT CASE AND SUMMON CASE or in short Warrant case vs Summon case.

Summons-

  A summons is a form issued by a court that invites a person to present it to a magistrate.  Article 61 of the CRPC specifies that the summons issued by any judge, the second copy of the copy, signed by the President of the judge, and the seal of the court must also be borne. Summons do not have the elements will be considered invalid and those with which they are issued or addressed may refuse to comply. Details of the court, the person summoned should be the place, date and time.[1]

Warrant-

  A warrant is an order issued to a specific person which orders him to arrest the accused and bring him to justice.  It is being executed on a valid basis only by a magistrate.  The warrant must carry the seal of the court and the presiding officer of the court must sign the written warrant.  A warrant remains valid until the same court quashes it, the seal of which bears it.  The court reserves the right to state identity in a warrant that may provide a certain amount of protection to a person as a guarantee of his or her appearance in court and thereby prevent his or her arrest.  A police officer who executes immediately if necessary cannot be a police officer who can execute a warrant on any person entering his territory and with whom the warrant is issued, he can be anyone within his local jurisdiction.  An arrested person should be informed of the reason for his arrest and may be shown a warrant if necessary.

WARRANT CASE vs SUMMON CASE

  1.  In the Criminal Procedure Code, magistrates prescribe two methods for the trial of a warrant case, namely, one is accepted by the magistrate in a case established in a police report and the other is established otherwise than in a police report.  However, in the case of summoned cases, only one procedure was followed, whether it was based on a police report or a complaint.

  2.  The procedure of summons cases is easier and faster.  Warrant litigation is complex and slow.  Warrant cases deal with the crime of arrest rather than the summons case.  Such lawsuits cannot be tried in the same simple and quick manner as summons cases.

  3.  Defendants in the warrant case get multiple opportunities to testify as prosecution witnesses.  In the summons case, he got only one chance to testify for the prosecution witnesses.

  4) The magistrate gave the power to convert a summons case code into a warrant case.  Although the warrant cases cannot be renovated into a summon case.[2]

  5.  After a summons is issued in a summons case, the accused can plead guilty by not appearing before the magistrate.  But there is no such provision in the trial of warrant cases.

6.The charge of the case in the warrant cannot be divided into its components for trial under the summons case.

  7. In the case of warrants, it gives a greater opportunity for defense.  In the case of summons, it does not give greater scope for defense.

8.  The difference between the two forms of testing is therefore that irregularity is not just one of the imported forms 537 of the CPC.

   On the other hand, it is so important that if the warrant case is tried as a summons case, there is an almost indescribable presumption of prejudice against the accused.

  9.  The summons that the personal presence of the accused has been supervised under section 205 or section 540 should have empowered the court to conduct his examination even where his presence has spread, the accused should be examined personally.

  10. In the case of warrants, a formal charge framing is required.  In summons cases, summons cases do not require formal framing.

By Moumita Muhuri

3^rd year of Shyambazar Law College.

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[1] https://blog-ipleaders-in.cdn.ampproject.org/v/s/blog.ipleaders.in/69101-2/amp/?amp_js_v=a6&amp_gsa=1&usqp=mq331AQHKAFQArABIA%3D%3D#aoh=16205025559593&referrer=https%3A%2F%2Fwww.google.com&amp_tf=From%251%24s-https://blog.ipleaders.in/69101-2/amp/.

[2] Difference between summoning and warrant cases, C-http://kanoon.nearlaw.com/2018/01/20/difference-summon-case-warrant-case/#:~:text=exceeding%20two%20years.-,Difference%20between%20summon%20case%20and,1.&text=In%20a%20warrant%20case%2C%20the,cross%2Dexamine%20the%20prosecution%20witnesses.

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