Difference Between Summon Case and Warrant Case
Difference Between Summon Case and Warrant Case is discussed in this article. In the Indian Legal System, summons and warrants are two types of criminal proceedings. The main difference between the two is the method used to initiate and conduct a trial.
|The term “Summons Case” is defined under section 2(w) of CrPC as, “Summons case means a case relating to an offence, and not being a warrant case.”
|The term “Warrant Case” is defined under section 2(x) of CrPC as, “Warrant case means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years.”
|The procedure for the trial of a summons case is specified in Chapter 20 and Sections 251 to 259.
|The procedure for trial of warrant cases is specified in chapter 19 and sections 238 to 250 of CrPC.
|The summons cases are generally reserved for minor or petty offences such as traffic rules violations, minor breaches of law or small-scale disputes.
|The warrant cases generally encompass more serious offences, including felonious and crimes that carry substantial penalties such as murder robbery and sexual assault.
|In summons cases, legal proceedings are initiated by filing a complaint by the aggrieved party or a law enforcement officer.
|In warrant cases, legal proceedings are initiated with the filing of the First Information Report (FIR) by the police or a complaint by the victim.
|In a summons case, the court issues a summons to the accused person, compelling him to appear in the code on a specified date.
|In a warrant case, the court issues an arrest warrant against the accused person, authorizing the police to apprehend the accused.
|In summons cases, the offences are less serious, and the court may grant bail to the accused without stringent conditions.
|In warrant cases, the offences are more serious, and the court may be more cautious when granting bail to the accused person, especially if they are charged with heinous crimes.
|The punishment imposed in summons cases is up to two years of imprisonment.
|The punishment imposed in warrant cases is the death penalty life imprisonment or imprisonment for a term exceeding two years.