Summon And Warrant Case

By Dhatri Ghosh

INTRODUCTION

Summons and warrant are issues for same purpose both are legal order to produce a person in the court. But summon use only those cases where punishment only 2years and warrant case uses which case punishment up to 2years or death punishment or life imprisonment.

Summon case: – summon is issued by the magistrate to the accused under section 204(1)(a) of the Cr.p.c, 1973.

Summon is a legal document of the court through this document magistrate order to the per- son to appear before the court and answer the question.

Under section 2(x) define about summon case under code of criminal procedure 1973. Sum- mon case means a case relating to an offence not being a warrant case. Under code of crimi- nal procedure when punishment up to 2years only those cases are summons case.

  • Case law: – public prosecutor v. Hindustan motors, Andhra Pradesh 1970.
  • Who can issue summon: – summon is a legal document issue by the court or by an administrative agency of government?
  • Type of summon: – summons are basically two types-
  • Judicial summon: – when summon issue by the court this called judicial summon. Judicial summon two types- A) civil summon: – any type of civil case when court issues summons this summon called civil summon. B) criminal summon: – in any criminal case if court issues summons then it called criminal summon.
  • Administrative summons: – When administrative agency of government issued any summons this called administrative summon. It is basically issuing for tax law.

Warrant case: – under code of criminal procedure warrant case uses in offence with death penalty or imprisonment for life and jail custody for more than 2years.

Warrant trial procedure are two types: – a) filling through police report, b) filling through magistrate report or other then police report

  • Filling through police report: – when police found many evidences for the complaint there after police file a report this called FIR (First Information Report. Section 173 of code of criminal procedure mentioned about failing through police report in warrant trial. After failing fir police collect evidence there after police forward case to the magistrate for tri- al.
  • The procedure of the warrant trial by police report: –
  • Copy the police report and other documents to be provided (section – 238)
  • Discharge of accused on groundless charges (state v. Sitaram dayaram 1959) (section – 239)
  • The framing of charges (col. s. kashyap v. State of Raj. 1971)(section -240)
  • Communication of plea of guilty (section -241)
  • Evidence for the prosecution (state v. Suva 1962) (section – 242)
  • Evidence for defense (section – 243)
  • Filling through magistrate or other then police report: – the complaint is filed directly with the magistrate in this case
  • The procedure of the warrant trial by the magistrate: –
  • Compliance with section 207
  • When accused shall be discharged
  • Framing of charge
  • Conviction on a plea of guilty
  • Evidence for prosecution
  • Evidence for defense side
  • Evidence for prosecution
  • When accused shall be discharged
  • Again, evidence for defense
  • Acquittal or conviction
  • Absence of complaint
  • Compensation for accusation without reasonable cause.
  • Compensation for accusation without reasonable cause.
  • Type of warrant
  • Warrant trial are basically eight type –
  • Arrest warrant: – arrest warrant is issued by the police officer to detention an individual people.
  • Search warrant: – search warrant is issued by the judge to search in specific place for evidence.
  • Alias warrant: – an alias warrant issued when court are not appear in scheduled time and date.
  • Bench warrant: – bench warrant issued for if any person ar not appear in the court then it’s issue for appearing him in the court.
  • Capias warrant: – it is issue if any person ar not able to pay fine or take time for providing any documents.
  • Civil capias warrant: – A civil capias warrant is a special type of apprehension order, is- sued in civil court cases where the defendant repeatedly fails to comply with the judge’s orders.
  • Fugitive warrant: – Warrant sent from another state when the suspect is believed to be in local jurisdiction.
  • Governors warrant: – when any person commits any crime in another state and he / she come in our country then governors warrant issued.
  • Different between summon and warrant case: –
  • Summon case is a legal order issued by the presiding officer to the defendant or a witness or any other person involved in a case and warrant case is a written authorization or em- power him to perform an act in order to regulate justice.
  • Summon case procedure is to simply and faster but warrant case is to complicated and slower.
  • Summon case can convert in to the warrant case and warrant case can’t convert into Summon case.
  • In summon case only one procedure follows and in warrant case two procedure follow.
  • In summon case give only one chance to cross examine and in warrant case give many chances to cross examine
  • In summon case issue when punishment only 2years or less then 2years and in warrant case issue where punishment up-to 2years or life imprisonment or death punishment.

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