Distinguish between the following: Summons and Warrant

CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2019
Distinguish between the following: Summons and Warrant

Answer & Explanation:

Summons: Summon is a legal notice, issued both in case of civil and criminal proceeding, in which a court orders an individual either to appear or to produce a document before the court, at a stipulated time and place. 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. The different stages of criminal trial in a summon case are given from Section 251 to Section 259 of the Code of Criminal procedure. Warrants: Warrant is described as a legal document issued by a judge or magistrate, which empowers a police officer to make an arrest, search or seize premises or undertake any action, concerning the administration of justice. 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". The stages of trial in warrant cases are given from Section 238 to Section 250 of the Code of Criminal Procedure, 1973. Key Differences Between Summon and Warrant Summon can be understood as the legal order issued by the presiding officer to defendant or witness or any other person involved in a case. On the contrary, a warrant is described as a written authorization, issued by a judicial officer, i.e. a judge or magistrate, which authorizes the police officer to perform an act, for the regulation of justice. A summon contains a judicial order to appear or produce a document or thing before the court, whose non-compliance will result in the issuance of warrant against that person. Conversely, a warrant is an official authorization to the law enforcement officer to arrest the accused and produce before the court. A summons addresses the defendant or witness or any other person related to the case, whereas warrant addresses the police officer. Summons aims at notifying the person of the legal obligation to appear in the court. Unlike, a warrant is issued with an objective of bringing accused to the court, who've not appeared to the court, even after he/she is summoned.

Topics: Criminal Procedure Code

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