Distinguish between the following: Summons case and warrants case.

CS Professional · Drafting, Pleadings and Appearances · PYQS · December 2019
Distinguish between the following: Summons case and warrants case.

Answer & Explanation:

Summon Case : According to section 2(w) of the Code of Criminal Procedure, 1973 summon-case means a case relating to an offence, and not being a warrant-case. 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 are as under: 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 Warrant Case : 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 triable exclusively by the Court of Session, 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 as under: 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.

Topics: Criminal Procedure Code

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