Explain the Summons Case and Warrant Case. Whether court have power to convert Summons Case into Warrant Case and vice-versa ?

Answer 6(d) Summons-case As per section 2 (w) of the Code of Criminal Procedure, 1973, '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. Warrant case As per section 2 (x) of the Code of Criminal Procedure, 1973, '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 the Code of Criminal Procedure, 1973 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. The Code of Criminal Procedure, 1973 gives discretion to the Judicial Officer to depart from this general rule if the circumstances so demand in a particular case. Power of Court to convert Summons Cases into Warrant Cases As per Section 259 of the Code of Criminal Procedure, 1973 during the course of trial of a summons case relating to an offence punishable with imprisonment for a term exceeding six months, if the Magistrate opines that in the interests of justice, the offence should be tried in accordance with the procedure for the trial of warrant cases, the Magistrate may do so and proceed accordingly. In case the Magistrate forms an opinion that the case before him ought to be tried as a warrant case, he would commence the proceedings afresh. Warrant case, being a serious offence, not to be converted as Summons Case.