Difference between summon case and warrant case

1. The Code of Criminal Procedure prescribes two procedures for the trial of a warrant case by Magistrates, namely, one adopted by the Magistrate in case instituted on a Police Report while the other in case instituted otherwise than on a Police Report. But in trial of summon case, only one procedure followed, whether instituted on a Police Report or a complaint.

2. The procedure for summons cases is simpler and speedier. While the procedure for warrant cases are complicated and slower. Warrant cases deal with offences graver than those in summons cases. Such cases cannot tried in the same simple and speedy way as summons cases.

3. In a warrant case, the accused gets more than one opportunity to cross examine the prosecution witnesses. While in a summons case he gets only one opportunity to crossexamine the prosecution witnesses.

4. The Magistrate empowered to convert a summons case into a warrant case under the Code. While a warrant case cannot converted into a summons case.

5. 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.

6. In warrant case charge cannot split up into its constituents for trial under a summons case.

7. In warrant case, it gives greater opportunities for defense. While in summon case, it does not gives greater opportunity for defense.

8. The difference between the two forms of trial is not therefore merely one of form importing more irregularity curable u/S. 537 of the Criminal Procedure Code. On the other hand, it is so vital that there is an almost indefeasible presumption of prejudice to the accused if a warrant case is tried as a summons case.

9. In summons cases where the personal attendance of the accused has dispensed with, either under Section 205 or under Section 540A, the court should have a power to dispense with his examination. While even where his personal attendance has dispensed with, the accused should examined personally.

10. In warrant case, framing of a formal charge necessary. In summon case, framing of a formal not necessary in a summons case.

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