Summons Cases

According to Section 2(w) of Code of Criminal Procedure, 1973, those cases in which an offence is punishable with an imprisonment of fewer than two years is a summons case. A summons case doesn’t require the method of preparing the evidence. Nevertheless, a summons case can be converted into a warrant case by the Magistrate if after looking into the case he thinks that the case is not a summon case.

Important points about summons case

•      A summons case can be converted into a warrant case.

•      The person accused need not be present personally.

•      The person accused should be informed about the charges orally. No need for framing the charges in writing.

•      The accused gets only one opportunity to cross-examine the witnesses.

The different stages of criminal trial in a summon case are given from Section 251 to Section 259 of the Code of Criminal procedure.

Stages of Criminal Trial in a Summons Case

•      Pre-trial: In the pre-trial stage, the process such as filing of FIR and investigation is conducted.

•           Charges: In summons trials, charges are not framed in writing. The accused appears before the court or is brought before the court then the Magistrate would orally state the facts of the offense he is answerable.

•      Plea of guilty: The Magistrate after stating the facts of the offence will ask the accused if he pleads guilty or has any defense to support his case. If the accused pleads guilty, the Magistrate records the statement in the words of the accused as far as possible and may convict him on his discretion.

•    Plea of guilty and absence of the accused: In cases of petty offences, where the accused wants to plead guilty without appearing in the court, the accused should send a letter containing an acceptance of guilt and the amount of fine provided in the summons. The Magistrate can on his discretion convict the accused.

•     Prosecution and defense evidence: In summons case, the procedure followed is very simple and elaborate procedures are eliminated. If the accused does not plead guilty, then the process of trial starts. The prosecution and the defense are asked to present evidence in support of their cases. The Magistrate is also empowered to take the statement of the accused.

•      Judgement: When the sentence is pronounced in a summons case, the parties need not argue on the quantum of punishment given. The sentence is the sole discretion of the judge. If the accused is acquitted, the prosecution has the right to appeal. This right to appeal is also extended to the accused.

Warrant Cases

According to Section 2(x) of Code of Criminal Procedure, 1973 a warrant case is one which relates to offences punishable with death, imprisonment for life or imprisonment for a term exceeding two years. The trial in warrant cases starts either by the filing of FIR in a police station or by filing a complaint before a Magistrate. Later, if the Magistrate is satisfied that the offence is punishable for more than two years, he sends the case to the Sessions court for trial. The process of sending it to Sessions court is called “committing it to Sessions court”.

Important features of a warrant case are:

•   Charges must be mentioned in a warrant case

•   Personal appearance of accused is mandatory

•   A warrant case cannot be converted into a summons case

•   The accused can examine and cross-examine the witnesses more than once.

•   The Magistrate should ensure that the provisions of Section 207 are complied with. Section 207 of Cr. P.C. 1973, include the supply of copies such as police report, FIR, statements recorded or any other relevant document to the accused.

The stages of trial in warrant cases are given from Section 238 to Section 250 of the Code of Criminal Procedure, 1973.

A. Different Stages of Criminal Trial in a Warrant Case when instituted by the police report

•      First Information Report: Under Section 154 of the Code of Criminal Procedure, an FIR or First Information Report is registered by any person. FIR puts the case into motion. An FIR is information given by someone (aggrieved) to the police relating to the commitment of an offense.

•   Investigation: The next step after the filing of FIR is the investigation by the investigating officer. A conclusion is made by the investigating officer by examining facts and circumstances, collecting evidence, examining various persons and taking their statements in writing and all the other steps necessary for completing the investigation and then that conclusion is filed to the Magistrate as a police report.

•    Charges: If after considering the police report and other important documents the accused is not discharged then the court frames charges under which he is to be tried. In a warrant case, the charges should be framed in writing.

•     Plea of guilty: Section 241 of the Code of Criminal Procedure, 1973 talks about the plea of guilty. After framing of the charges the accused is given an opportunity to plead guilty, and the responsibility lies with the judge to ensure that the plea of guilt was voluntarily made. The judge may upon its discretion convict the accused.

•   Prosecution evidence: After the charges are framed, and the accused pleads not guilty, then the court requires the prosecution to produce evidence to prove the guilt of the accused. The prosecution is required to support their evidence with statements from its witnesses. This process is called “examination in chief”. The magistrate has the power to issue summons to any person as a witness or orders him to produce any document.

•    Statement of the accused: Section 313 of the Criminal Procedure Code gives an opportunity to the accused to be heard and explain the facts and circumstances of the case. The statements of accused are not recorded under oath and can be used against him in the trial.

•      Defence evidence: An opportunity is given to the accused to produce evidence so as to defend his case. The defense can produce both oral and documentary evidence.

•   Judgement: The final decision of the court with reasons given in support of the acquittal or conviction of the accused is known as judgement. In case the accused is acquitted, the prosecution is given time to appeal against the order of the court. When the person is convicted, then both sides are invited to give arguments on the punishment which is to be awarded. This is usually done when the person is convicted of an offence whose punishment is life imprisonment or capital punishment.

B. Stages of Criminal Trial in a Warrant Case when Private Complaint institutes case

It may sometimes happen that the police refuses to register an FIR. In such cases one can directly approach the criminal court under Section 156 of CrPC. On the filing of the complaint, the court will examine the complainant and its witnesses to decide whether any offence is made against the accused person or not. After examination of the complainant, the Magistrate may order an inquiry into the matter by the police and to get him submit a report for the same.

•      After examination of the complaint and the investigation report, the court may come to a conclusion whether the complaint is genuine or whether the prosecution has sufficient evidence against the accused or not. If the court does not find any sufficient material through which he can convict the accused, then the court will dismiss the complaint and record its reason for dismissal.

•      After examination of the complaint and the inquiry report, if the court thinks that the prosecution has a genuine case and there are sufficient material and evidence with the prosecution to charge the accused then the Magistrate may issue a warrant or a summon depending on the facts and circumstances.

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

What is Non-Bailable Offence?

According to Section 2(a) of the Code of Criminal Procedure, “Non-Bailable Offence” means an offence other than bailable offence.

Actually the Code of Criminal Procedure contemplates two kinds of offences- Bailable and Non-Bailable Offence.

The term ‘non-bailable offence does not imply that the accused person cannot be released on bail under any circumstances. Section 437 of the Code of Criminal procedure gives the Court or a police officer-in-charge of a police station unfettered discretion to grant bail in case of non-bailable offence, except where that appear reasonable grounds for believing that the accused person is guilty of an offence punishable with death or imprisonment for life.

But a person under the age of sixteen years or any woman or any sick or infirm person may be released on bail even if the offence be punishable with imprisonment for life or with death. Where a person charged with a non-bailable offence, but it appears in the course of the trial that he is not guilty of such offence, he can be immediately released on bail pending further inquiry.

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Dr. Deepak Miglani, Email id.:- legalbuddy@gmail.com.

What is Bailable Offence?

The offences and their punishments have been given under Indian Penal Code, 1860  and the procedure for the same has been given in the Code of Criminal Procedure, 1973. Under CrPC, the offences have been mainly classified under two heads- bailable and non-bailable offences.

Before defining Bailable Offence, we will understand the definition of offence. It is defined under Section 2 (n) of the Code of Criminal Procedure. According to this Section 2(n) of the Code “offence” is related to the following:-

      -               an act or

       -             omission.

Such an act or omission is punishable by law for time being in force. It also includes any act in respect of which a complaint may be made under Section 20 of the Cattle Tress Act, 1871. Bailable offence means an offence shown in first Schedule as bailable.

According to Section 2 of CrPC, “Bailable offence” means an offence shown as bailable in the first schedule and which made bailable by any other law for the time being in force.

In case of bailable offence bail can be claimed by the accused person as a matter of right and the Court concerned released the accused on the bail.

In Chagani Lal v. State of Gujarat, 1973 GJJ 533, it was held that the Court cannot order remand of the accused to police custody in  a case where the accused is charged of having committed a bailable offence and he is prepared to give bail for his release.

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Dr. Deepak Miglani

Email id.:- legalbuddy@gmail.com