What is the difference between a warrant case and a summons case?

[Anonymous]

What is the main difference between a warrant case and a summons case? Is there any list provided in law where all such offences are listed?

[Dr. Ashok Dhamija]

A warrant case and a summons case are defined in Section 2 of the Criminal Procedure Code.

As per clause (x) of Section 2 of the Cr.P.C., a warrant case is defined as a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years.

And, as per clause (w) of Section 2 of the Cr.P.C. defines a summons case to be a case relating to an offence, which is not a warrant case.

So, the basic difference between the two is that summons case relates to a smaller offence where the punishment may be up to two years’ imprisonment. Other cases, which are comparatively serious cases, are called warrant cases.

The procedure for trial of a warrant case by Magistrate is laid down in Chapter 19 of Cr.P.C., from Sections 238 to 250 of Cr.P.C.

And, the procedure for trial of a summons case by Magistrates is laid down in Chapter 20 of Cr.P.C., from Sections 251 to 259 of Cr.P.C.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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