DIFFERENCE BETWEEN SUMMON CASE AND WARRANT CASE

 

OBJECTIVE	SUMMON CASE	WARRANT CASE
DEFINITION	2(w) It means a case relating to an offence not being a warrant case.	2(x) It means a case relating to an offence punishable by death, imprisonment for life or imprisonment for a term exceeding 2 years.
INSTITUTION	In Summon Case, only one procedure is followed, Whether Instituted On A Police Report Or A Complaint	In Warrant Case, two procedures are followed namely, one adopted by the magistrate in case instituted on a police report while the other in case instituted otherwise than on a police report.
PROCEDURE	The procedure for summons cases is simpler and fast.	The procedure for warrant cases are difficult and slower. Warrant cases deal with offences serious issues than those in summons cases.
APPROVAL	The magistrate gives consent to convert a summons case into a warrant case under the code.	Whereas a warrant case cannot converted into a summons case.
APPEARANCE	After the issue of summons, in a summons cases, the accused may plead guilty by post without appearing before the magistrate.	But no such provision exists in trial of a warrant case.
CROSS-EXAMINATION	While in a summons case he gets only one opportunity to cross-examine the prosecution witnesses.	In a warrant case, the accused gets more than one opportunity to cross- examine the prosecution witnesses.
DEFENSE.	It does not gives greater opportunity for defense.	It gives greater opportunities for defense.

 

CASE LAWS

 

1.      Padamnath v. Ahmad Dobi- 13 August, 1969, 1970 CriLJ 1700

The issue of summon or warrant in any cases it does not changes the nature of the case, suppose warrant is issued in a summon case it does not make the case a warrant case.