Major Differences between a Summons Case and a Warrant Case

13 Major Differences between a Summons Case and a Warrant Case

It would be pertinent to bring out the differences between a summons case and a warrant case from the point of procedure to be adopted for trial of these cases. The differences between the two are as follows:

(1) The Code of Criminal Procedure
prescribes two procedures for the trial of a warrant case by Magistrates, namely,
one to be adopted by the Magistrate in
case instituted on a Police Report while
the other in case instituted otherwise
than on a Police Report. But there is only one procedure prescribed for trial of a summons case whether it is instituted on a Police Report or a complaint.

(2) The trial of a warrant case as a
summons case is a serious irregularity
which would vitiate the trial if the accused has been prejudiced. But the trial of a summons case as a warrant-
case is only an irregularity which is
curable under Section 465 of the Code.

(3) Where a warrant case has been tried
as a summons case and it has resulted
into acquittal of the accused, such acquittal shall operate only as a
discharge under Section 245 of the Code. On the other hand where a summons case has been tried as a warrant case and the accused is discharged under
Section 245, the discharge will amount to an acquittal under Section 255 of the
Code.

(4) When the accused appears or is brought before a Magistrate in a warrant case, the Magistrate shall
proceed to hear the prosecution and take
all such evidence as may be produced in
support of the prosecution. But in a
summon case, the particulars of offence
are stated to the accused and he shall be asked whether he pleads guilty or wishes to defend himself.

(5) Framing of a formal charge is
necessary in a warrant case but it is not
necessary in a summons case.

(6) When the charges reveal both, a warrant case and a summons case, the former is to be preferred.

(7) A charge under warrant case cannot
be split up into its constituents for trial
under a summons case.

(8) In a warrant case, the accused gets
more than one opportunity to cross-
examine the prosecution witnesses
whereas in a summons case he gets only one opportunity to cross-examine the prosecution witnesses.

(9) A warrant case may result into
discharge of the accused under Section 249 in the absence of the complainant but in a summons case, the result would be acquittal of the accused under Section 256 of the Code.

(10) In a warrant case a complaint cannot be withdrawn by the
complainant but in a summons case the
complainant may withdraw the
complaint with the permission of the
Magistrate.

(11) The Magistrate is empowered to convert a summons case into a warrant case under Chapter XX of the Code but a warrant case cannot be converted into a summons case.

(12) In a warrant case, after convicting the accused, the Magistrate may take
evidence regarding the alleged previous
conviction, which is not admitted by the
accused, and shall record his finding
thereon. But no such power is conferred
on the Magistrate while trying the
accused in a summons case.

(13) In a summons case, after the issue of
summons, the accused may plead guilty by post without appearing before the Magistrate. But no such provision exists in trial of a warrant case.