Defference between summons case and warrant case.
LEGAL-CIVIL CRIMINAL
(Querist) 11 April 2014
This query is : Resolved
The CRPC gives two types of criminal cases Summons cases and warrant cases so what is the main difference between them.
We have one 498 A case but it is not police case but court issued first 202 order and after police report issued process but being conducted by complainant and not APP.
So is it summons case or warrant case and if warrant case and whether discharge application u/s 245 can be given.
Anirudh
(Expert) 12 April 2014
Dear Social Activist,
As per Section 2(w), "summons-case" means a case relating to an offence, and not being a warrant-case and as per Section 2 (x), "warrant-case" means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years.
Cr P C classifies an offence as either cognizable or non-cognizable, and a trial procedure as summons case or warrant case.
Thus, the terms summons case and warrant case are in reference to the procedure adopted for the trial of the case. The difference between the two can be seen from the point of view of their trial procedures as given below:
Cr P C prescribes only one procedure for all summons cases, whether instituted upon a police report or otherwise.
But Cr PC prescribes two procedures for the trial of a warrant case my magistrate - one for case instituted upon a police report and one for case instituted otherwise than on a police report.
In a summons case No charge needs to be framed only the particulars of the offence needs to be conveyed to the accused.
Whereas in a warrant case, a charge needs to be framed against the accused.
In summons case, as per S. 252, if the accused pleads guilty, the magistrate must record the plea of the accused and may, in his discretion, convict him on such plea.
In Warrant case, as per S. 241, after the charge is framed, the accused may plead guilty and the magistrate may convict him on his discretion.
In summons case, the Accused my plead guilty by post without appearing before the magistrate.
However in Warrant case, the Accused must appear personally.
In summons case, the accused may be acquitted, if the complainant is absent or if the complainant dies.
In the case of Warrant case, the Magistrate can discharge the accused if complainant is absent, or no charge is framed, or if the offence is compoundable and non cognizable.
In Summons case, the complainant may, with the permission of the court, withdraw the complaint against the accused.
In a warrant case, the complainant may, with the permission of the court, withdraw the remaining charges against an accused, if he is charged with several offences and convicted on one or more of them.
When a warrant case is tried as a summons case and if the accused is acquitted under S. 255, the acquittal will only amount to discharge.
When a summons case is tried as a warrant case and if the accused is discharged under S 245, the discharge will amount to acquittal.
Trial of a warrant case as a summons case is a serious irregularity and the trial is vitiated if the accused has been prejudiced.
Trial of a summons case as a warrant case is an irregularity which is curable under Section 465.
A summons case cannot have charges that require a warrant case.
A warrant case may contain charges that reflect a summons case.
In summons case the Accused gets only one opportunity.
Whereas in warrant case, the Accused may get more than one opportunity to cross-examine the prosecution witness. A charge under a warrant case cannot be split up into its constituents for trial under summons case.
In a warrant case, after convicting the accused, the magistrate may take evidence regarding previous conviction not admitted by the accused.
However, in a summons case, No such power is available to the magistrate.
All cases which are not punishable by death, imprisonment for life, or for more than two years are summons cases.
All cases which are punishable by death, imprisonment for life, or for more than two years are warrant cases.
As per Section 259, a summons case can be converted into a warrant case if the case relates to an offence that entails more than 6 months of imprisonment as punishment and the judge feels that in the interest of justice it the case should be tried as a warrant case.
A warrant case cannot be converted into a summons case.
It is important to note that the question whether a summons or a warrant should be issued in the case is not related to whether the case is a summons case or a warrant case.
I hope you will have some clarity on this issue.
Rajendra K Goyal
(Expert) 12 April 2014
Academic query.
Well explained by the expert Anirudh ji.
LEGAL-CIVIL CRIMINAL
(Querist) 12 April 2014
Very good detailed explanation Shri Anirudh sir.
Our problem reduces to CRPC 245.
The 498 A case is filed by private complaint, no charges framed ever after two years.
So whether we the accused can file application for discharge u/s 245
T. Kalaiselvan, Advocate
(Expert) 13 April 2014
It is possible as per the state amendments made in WB by adding subsection3 to section 245of Cr.P.C. but applicable within the state of WB.
