Cases under criminal procedure are broadly categorized based on the nature of the offense, and the way they are dealt with in the court differs accordingly. Two of the principal types of cases to come under this are the Summon case and the Warrant case. These distinctions primarily take their roots from the Code of Criminal Procedure, 1973 (CrPC) in India. The legal practitioner as well as those involved in criminal litigation must understand the different types of these cases.
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Definition Of Summon Case
Section 2(w) of the CrPC defines a summon case as a case relating to an offense punishable with imprisonment for a term that may extend but does not exceed two years, or by a finer which may extend but does not exceed five hundred rupees, or by both. In other words, summon cases pertain to comparatively lesser offenses (minor offenses or misdemeanors), where the offense described under the law involves relatively less severe punishment.
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Definition Of Warrant Case
According to Section 2 (x) of the CrPC, it is a case relating to an offense punishable with death, imprisonment for life, or imprisonment for more than two years. In warrant cases, crimes are more serious (felonies) like murder, rape, or major thefts, and the punishment is more severe.
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Key differences between summon case and warrant case
Meaning
Summon Case: A summon case refers to a criminal case related to minor offenses. In these cases, the court issues a summons to the accused, directing them to appear before the court.
Warrant Case: A warrant case involves serious criminal offenses. In such cases, the court issues a warrant to ensure that the accused appears before the court.
Issuance of Process
Summon Case: The case in which a summon is issued to the accused by the court is called a summon case. A summon is nothing but a notice commanding the appearance of the accused before it on a particular date. The summon does not lead to immediate arrest. Summon is issued in minor cases where it is sure that the presence of the accused can be obtained without resorting to coercive measures.
Warrant Case: In the case of a warrant case, the court issues a warrant for the arrest of the accused. A warrant is issued in serious cases where the court believes that a summons would not be enough to ensure the appearance of the accused or if there is a risk of his/her absconding. A warrant allows the police to arrest the accused and bring them into court.
Trial Procedure
Summon Case: The trial procedure for summoning cases is much more simple and speedy. The procedures concerned with summons cases are found in Chapter XX of the CrPC. In summons cases, on the appearance of the accused before the court, no particular charge is framed formally. Instead, the court can immediately start trying the case against the accused and even take evidence. The trial takes fewer stages, and the whole process is easier.
Warrant Case: The procedure in warrant cases is more elaborate and is taken care of by Chapter XIX of the CrPC. The trial starts with the solemn framing of charges. In the case of warrant cases, the prosecution and the defence are asked to go through more detailed procedure steps like examination, production, and cross-examination of witnesses. The trial is more protracted because more strict scrutiny of the offense goes on.
Discharge of Accused
Summons Case: There is no formal stage to discharge the accused in a summons case. However, the magistrate can acquit the accused in case there is no adequate evidence or if the complainant does not present before the court on the date fixed for him.
Warrant Case: Under Section 239 of the CRPC, there is a formal stage given to the court wherein it can grant the release of the accused. It is very much possible that the magistrate comes to the conclusion that there is no prima facie evidence that could bring the trial into existence after reading the police report or complaint. In this case, also, the accused may be released before the commencement of the trial.
Complexity and Legal Representation
Summon Cases: These cases are relatively easier; summon cases concern petty crimes, so legal representation would not be as complicated as warrant cases. Nonetheless, one can never go wrong with having legal assistance to ensure that due process is followed.
Warrant Case: Warrant cases are serious and complex, thus requiring higher legal representation. Defense lawyers in warrant cases must prepare for the extensive examination of evidence, witness cross-examining, and complicated legal argumentations.
Conviction and Sentencing
Summon Case: A conviction on a summons case would always call for lesser punishments. Being a minor offense, a fine and short-term imprisonment is possible, usually up to two years.
Warrant Case: The person convicted in a warrant case is liable to receive very heavy punishment. As the crimes involved are more serious, the sentences given are sharp, and very often, the offender is awarded long-term imprisonment, life imprisonment, or even a death sentence depending upon the seriousness of the crime.
Compoundability and Plea Bargaining
Summon Case: The offenses in summon cases are relatively more compoundable, that is, they can be settled out of court with the concession of the victim. Plea bargaining is more commonly used in summons cases as the offenses are less serious.
Warrant Cases: In warrant cases, offences are mostly not compoundable, especially in those cases involving serious crimes like murder, rape, and dacoity. Plea bargaining is not as common in these cases, although it may still be taken up under certain circumstances.
AspectSummon CaseWarrant CaseDefinitionFor offenses with less than 2 years imprisonmentFor offenses with over 2 years imprisonmentIssuance of ProcessSummon is issuedAn arrest warrant is issuedTrial ProcedureSimpler, no formal chargesFormal charges framed, elaborate processDischarge of AccusedNo formal discharge procedureThe formal discharge stage under Section 239PunishmentLight penalties (fine or short imprisonment)Severe penalties (long-term or life imprisonment)Legal ComplexityLess complex, faster processMore complex and requires a detailed procedureCompoundabilityOffenses often compoundableOffenses usually non-compoundable
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Landmark Judgement of Summon Case
Bhagat Singh v. Commissioner of Police (1985 AIR 1285, 1985 SCR (2) 537)
Summary: The instant case involves the process of summons and its legal correctness. The court has observed that summons must be issued properly; mere technical or procedural lapse cannot be a ground for setting aside the issuance of summons unless it causes grave prejudice to the accused.
Key Point: Summons must be served as per law, and if not served as such, then it may affect the validity of the court proceedings.
Adalat Prasad v. Rooplal Jindal & Ors. (2004 7 SCC 338)
Summary: This case had thrown light on whether summons issued can be recalled by the magistrate who issued them. Summons once issued cannot be recalled as held by the Supreme Court; they do not have the power to recall the same if issued by a magistrate unless by gross procedural irregularities
Key Point: Once the summons are issued by any magistrate, they cannot be recalled. One exception is the proper legal process under quashing by higher courts.
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Landmark Judgement for Warrant Cases
A.R. Antulay v. R.S. Nayak 1988
Summary: It was a case based on the right to a fair trial and the requirement to follow proper procedures in a warrant case. The Supreme Court ruled that for framing of charges, careful considerations be paid, and on all formal legal requirements, a warrant case trial be strictly in terms of the provisos of the CrPC.
Key Point: It is an essential proposition that the right to a fair trial entails that deviating from the procedure prescribed in the CrPC for the matter of warrant cases violates the rights of the accused.
State of Maharashtra v Sharadchandra Vinayak Dongre 1995
Summary: This was one case where the powers of a magistrate in a warrant case to discharge the accused came under the scanner. In the scenario of a warrant case, if the collected evidence does not provide prima facie grounds for proceeding, the magistrate has the power to discharge the accused under Section 239 of the CrPC.
Key Point: In the case of a warrant, it is permissible to discharge the accused on the ground that there is little or no evidence at the pre-trial stage.
Conclusion
An essential distinction in criminal law is between summons cases and warrant cases, affecting the procedures to be adopted for a trial, strategies to be adopted, and the penalties eventually meted out to the accused. Summon cases are, therefore, relatively minor offences compared to warrant cases, which are serious, and a more perfunctory procedure has to be adopted in them as compared to warrant cases that involve more stern legal steps. Both are needed for criminal justice administration; they desire the cases to be tried based on the seriousness of the offense.
Difference Between Summon Cases and Warrant Cases FAQs
1. What is the meaning of summons cases?
A summons case is a type of criminal case in which the punishment is not more than two years of imprisonment. The summons is given out by a court against the accused, asking him or her to appear in front of the court without sending them to prison.
2. What is meant by warrant cases?
A warrant case pertains to extremely grave offenses, which involve imprisonment for more than two years, like for life, or the capital offense. In such cases, upon deciding that there is probable cause or reasonable ground for believing that an offense has been committed by a person, the court may then issue an arrest warrant for that person to be brought before the court.
3. When does the court issue a summons instead of a warrant?
A summons is given for small offenses (petty theft, common assault, libel), where the court anticipates that the respondent will appear voluntarily before the court without being arrested. For serious offenses that require arrest (homicide, rape, fraud, etc.), a warrant is issued.
4. Can a summons be converted to a warrant?
An affirmative response is if the person summoned fails to show up in court, or the court may think that the person is trying to dodge service, then a warrant would force the person to appear.
5. Before a summons, is a warrant issuable?
Yes, in grave cases wherein the court already has reasons to believe that the accused may run or the offense committed could be considered grave, then it can proceed and issue an arrest warrant but not issue a summons first.
