Write short notes on: Summons case and warrants case
CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · December 2023
Write short notes on: Summons case and warrants case
Answer & Explanation:
As per section 2(w) of the Criminal Procedure Code, 1973 (CrPC) , 'summons-case' means a case relating to an offence, and not being a warrant case. This implies that summons cases are cases relating to offences provided they are not warrant cases. As per section 2(x) of CrPC , 'Warrant- case' means a case relating to an offence punishable with death, imprisonment for a term exceeding two years. In other words if the minimum punishment prescribed by any substantive law for an offence is an imprisonment for a term exceeding two years, the offence will be dealt with as a warrant case. The basis of the classification is the seriousness of the offence to which the case relates. A warrant case relates to a serious offence while a summons case relates to a comparatively less serious offence. It is for the same reason that the trial procedure prescribed for a warrant case is very elaborate when compared to that prescribed for a summons case. As per CrPC in a summons case a summons is to be issued to the accused in the first instance and in a warrant case a warrant of arrest is normally to be issued for the arrest of the accused. CrPC gives discretion to the Judicial Officer to depart from this general rule if the circumstances so demand in a particular case.
Topics: Criminal Procedure Code (CrPC)
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