Difference between Summon Case and Warrant Case

A summon is a form issued by a Court, calling on a person to appear before the Magistrate to produce it. Section 61 of the Cr. PC specifies that summons given by a Judge, a duplicate second copy, signed by the President of the Judge and should also bear the court’s seal. Summons that do not have those elements are considered invalid, and the person to whom they are issued or addressed may refuse to accept them. The Court’s description, the place, date and time at which the summoned person must be present, should be clear.

A warrant is an order issued to a certain person that orders him to apprehend the accused and to bring him to justice. It is being executed on valid grounds only by a Magistrate. The warrant must bear the court seal, and a court presiding officer must sign the written warrant. A warrant remains valid until it is cancelled by the same court, whose seal it bears. The court has a right to state in a warrant that a person can pay a certain amount of security as assurance of producing himself before the court and thereby, avoid his arrest. If necessary, the immediate execution can be done by a person who is not a police officer. A Magistrate can execute a warrant on any person entering his territory and the person to whom the warrant is issued, can be anybody within his local jurisdiction. An arrested person should be notified about the cause of his arrest, and if the need be, the warrant can be shown to him.

Warrant can be authorised to a police officer outside the jurisdiction of the Judicial Magistrate, but this must be approved by the Executive Magistrate or by a police officer who is in charge of the police station.

It would be pertinent to bring out difference between a summons  case and a warrant case from the point of procedure to be adopted for trial of these cases. The difference between the two are as follows: 

1. The Code of Criminal Procedure prescribes two procedures for the trial of a warrant case by Magistrates, namely, one to be adopted by the Magistrate in case instituted on a Police Report while the other in case instituted  otherwise than on a Police Report. But there is only one procedure prescribed for trial of a summons case whether it is instituted on a Police Report or on a complaint.
2. The trial of a warrant case as a summons case is a serious irregularity which would vitiate the trial if the accused has been prejudiced. But the trial of a summons case a warrant case is only an irregularity which is curable under Section 465 of the Code.
3. Where a warrant case has been tried as a summons case and it has resulted into acquittal of the accused, such acquittal shall operate only as a discharge under Section 245 of the Code. On the other hand, where a summon case has been tried as a warrant case and the accused is discharged under Section 245, the discharge will amount to an acquittal under Section 255 of the Code.
4. When the accused appears or is brought before a Magistrate in a warrant case, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution. But in a summon case, the particulars of the offence are stated to the accused and he shall be asked whether he pleads guilty or wishes to defend himself.
5. Framing of a formal charge is necessary in a warrant case but it is not necessary in a summon case.
6. In a warrant case, the accused gets more than one opportunity to cross examine the prosecution witnesses whereas in a summons case he gets only one opportunity to cross-examine the prosecution witnesses.
7. A warrant case may result into discharge of the accused under Section 249 in the absence of the complainant but in a summons case, the result would be acquittal of the accused under Section 256 of the Code.
8. In a warrant case, a complaint cannot be withdrawn by the complainant but in a summons case the complainant may withdraw the complaint with the permission of the Magistrate.
9. The Magistrate is empowered to convert a summons cases into a warrant case under Chapter XX of the Code but a warrant case cannot be converted into a summons case.
10. In warrant case, after convicting the accused, the Magistrate may take evidence regarding the alleged previous conviction, which is not admitted by the accused, and shall record his finding thereon. But no such power is conferred on the Magistrate while trying the accused in a summon case.
11. In a summon 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. 

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Dr. Deepak Miglani

Email id:- legalbuddy@gmail.com