Procedural differences 

Summons case (sec 251-259)

Warrant case (sec 238-250) CHAPTER – 19 of Cr.PC
CHAPTER – 20 of Cr.PC
Otherwise than on Police
On institution of Police report 1. Substance of acquisition
report (section: 238 -243)  to be stated (sec 251)
(section: 244-247)
1. Evidence for  Conviction on plea of guilt
1. Compliance with 
prosecution (section (sec 252)
244)
Section 207
 Procedure when not
 When accused shall 2. when accused shall be convicted (sec 254)
be discharged (sec discharged.
239)  Acquittal or conviction
       (sec 245) (sec 255)
1. Framing of charges
3. procedure where accused
(sec 240)
is not discharged (sec 246)  Withdrawal of complaint
(sec 257) 
1. Conviction on plea
4. evidence for defence (sec
of guilt (sec 241)
247)  Power to stop proceedings
in certain cases (sec 258)
1. Evidence for
prosecution (sec
   Power of court to convert
242)
summon cases to warrant
cases (sec 259)
1. Evidence for
defence (sect 243)  
 Absence of complainant
Section 248. Acquittal or conviction (sec 249)

Section 249. Absence of complainant  Non-appearance or death

of complainant (sec 256)
Section 250. Compensation for accusation without a
reasonable cause.

The Code of Criminal Procedure prescribes two methods for the Magistrates court of a
warrant case, namely, the case imposed on a police report, while the other, in the event,
imposed not on a police report. In the summons court, however, only one process is used,
whether it was imposed on a complaint or a police report.

Trial of warrant cases 

Warrant trial cases instituted on the police report
The accused appears or is brought before a Magistrate at the commencement of the trial, the
Magistrate shall satisfy himself that he has complied with the provisions of section 207. If the
charges against the accused are found to be baseless by the magistrate, then the accused is
discharged. And if the magistrate finds the case triable, then a charge is framed against the
accused. 

The charges are explained to the accused and he is asked whether he pleads guilty or not. If
the accused pleads guilty then the magistrate can convict him. If the accused pleads Not
guilty then the magistrate has to fix a date for examining the witnesses, whose statements
have been supplied to the accused in advance. Summons can be issued to any of the witnesses
by the magistrate. The accused shall then be called upon to enter upon his defence and
produce his evidence. The magistrate should file in the records, any written statements given
by the accused. 

Warrant trial Cases instituted otherwise than on police

report
The accused appears or is brought before a Magistrate, the Magistrate proceeds to hear the
prosecution and take all evidence which can be produced in the support of the prosecution. 
Upon taking all the evidence referred to in section 244, if the Magistrate considers that no
case against the accused has been made out, which would warrant his conviction, then the
Magistrate shall discharge him. A Magistrate can also discharge a person at any initial stage
of the case if he considers the charge to be baseless. 

If at any earlier stage of the case, the Magistrate is of the opinion that there is reason to
presume that the accused has committed a triable offense, the Magistrate files an accusation
against the accused in writing. If the accused pleads guilty after reading and understanding
the charges, then the magistrate can convict him. If the accused does not plead guilty for any
reason, he is required to state in the first hearing, if he wants to cross examine any witness or
not. If he wishes the same then the witnesses named by him shall be recalled and they shall
be discharged, after cross- examination and re-examination. And after that, the remaining
witnesses are called and examined. The accused is then summoned to put forth his defence
and produce his evidence; the provisions of section 243 are applied to the case.

The common stages in warrant cases (section 248 to 250)

If the charges are framed, and the Magistrate finds the accused not guilty, an acquittal order is
recorded. But, if the magistrate considers the accused guilty, he imposes sentence upon him
according to law, after hearing the accused on the matter of sentence. The magistrate has the
authority to discharge the accused if the complainant is absent on the day of hearing of a non-
cognizable offense. The accused is immediately discharged, where a case is instituted on
complaint to a magistrate or police officer and the magistrate finds that the complaint against
the accused person has no ground. 

Trial of summons case 

When the accused appears or is brought before the Magistrate in a summons-case, he is
informed about the details of the offense of which he is accused, and he is asked whether he
pleads guilty or has any defence to make, but a formal charge is not filed. If the accused
pleads guilty, the magistrate can convict him. When summons are issued and the accused
does not want to appear before the magistrate in case of petty offences, he has to send to the
magistrate, a letter containing his plea and the amount of fine which was specified in the
summons. Petty offense here means any offense punishable only by a fine not exceeding one
thousand rupees, but does not include any offense so punishable under the Motor Vehicles
Act of 1939 (4 of 1939) 103, or any other statute that allows for the prosecution of the
accused in his absence on a plea of guilty.  

If the Magistrate does not convict the accused under section 252 or section 253, the
Magistrate then would proceed to hear the prosecution case and would proceed to take all
such evidence produced by the prosecution in support of their case. On the application of the
prosecution or the accused, the magistrate can issue summons to any witness or direct them to
produce any document or thing. After due consideration of evidence, if the magistrate thinks
fit, he can record an order of acquittal. If the magistrate finds the accused guilty, then he can
pass the sentence in accordance with the law. If the summons has been issued on complaint
and on the day appointed for the appearance of the accused, the complainant does not appear
including the possibility of death, the Magistrate acquits the accused unless for some reason
he thinks it proper to adjourn the hearing of the case to some other day. But if the magistrate
thinks that the attendance of the complainant is not necessary, he can proceed with the case.
The magistrate has the authority to permit the complainant to withdraw his complaint on
sufficient grounds and also thereby, acquitting the accused person.  The accused will be
discharged in any case of stoppage of proceedings. If in the course of a summon trial, it is
realized or discovered by the magistrate that the sentence in case can exceed the period of 6
months, then the magistrate can re-hear the trial case as a warrant case. He can re-hear the
witnesses and proceed in the manner in which warrant cases are executed. 

RIGHTS OF VICTIMS UNDER THE CODE OF CRIMINAL

PROCEDURESection 357: Order to pay compensation.—(1) When a Court
imposes a sentence of fine or a sentence (including a sentence of death) of which
fine forms a part, the Court may, when passing judgment, order the whole or any
part of the fine recovered to be applied— (a) in defraying the expenses properly
incurred in the prosecution; (b) in the payment to any person of compensation for
any loss or injury caused by the offence, when compensation is, in the opinion of
the Court, recoverable by such person in a Civil Court; (c) when any person is
convicted of any offence for having caused the death of another person or of
having abetted the commission of such an offence, in paying compensation to the
persons who are, under the Fatal Accidents Act, 1855 (13 of 1855), entitled to
recover damages from the person sentenced for the loss resulting to them from
such death; (d) when any person is convicted of any offence which includes theft,
criminal misappropriation, criminal breach of trust, or cheating, or of having
dishonestly received or retained, or of having voluntarily assisted in disposing of,
stolen property knowing or having reason to believe the same to be stolen, in
compensating any bona fide purchaser of such property for the loss of the same if
such property is restored to the possession of the person entitled thereto. (2) If the
fine is imposed in a case which is subject to appeal, no such payment shall be made
before the period allowed for presenting the appeal has elapsed, or, if an appeal be
presented, before the decision of the appeal. (3) When a Court imposes a sentence,
of which fine does not form a part, the Court may, when passing judgment, order
the accused person to pay, by way of compensation, such amount as may be
specified in the order to the person who has suffered any loss or injury by reason of
the act for which the accused person has been so sentenced.
Duties of Front Line Professionals towards Securing Justice for Victims: A Manual
32 (4) An order under this section may also be made by an Appellate Court or by
the High Court or Court of Session when exercising its powers of revision. (5) At
the time of awarding compensation in any subsequent civil suit relating to the same
matter, the Court shall take into account any sum paid or recovered as
compensation under this section. Section 357 A: Victim compensation scheme.—
(1) Every State Government in co-ordination with the Central Government shall
prepare a scheme for providing funds for the purpose of compensation to the
victim or his dependents who have suffered loss or injury as a result of the crime
and who require rehabilitation. (2) Whenever a recommendation is made by the
Court for compensation, the District Legal Service Authority or the State Legal
Service Authority, as the case may be, shall decide the quantum of compensation
to be awarded under the scheme referred to in sub-section (1). (3) If the trial Court,
at the conclusion of the trial, is satisfied, that the compensation awarded under
section 357 is not adequate for such rehabilitation, or where the cases end in
acquittal or discharge and the victim has to be rehabilitated, it may make
recommendation for compensation. (4) Where the offender is not traced or
identified, but the victim is identified, and where no trial takes place, the victim or
his dependents may make an application to the State or the District Legal Services
Authority for award of compensation. (5) On receipt of such recommendations or
on the application under sub-section (4), the State or the District Legal Services
Authority shall, after due enquiry award adequate compensation by completing the
enquiry within two months. (6) The State or the District Legal Services Authority,
as the case may be, to alleviate the suffering of the victim, may order for
immediate first-aid facility or medical benefits to be made available free of cost on
the certificate of the police officer not below the rank of the officer in charge of the
police station or a Magistrate of the area concerned, or any other interim relief as
the appropriate authority deems fit. Section 357 C: Treatment of Victims.—All
hospitals, public or private, whether run by the Central Government, the State
Government, local bodies or any other person, shall immediately, provide the first-
aid or medical treatment, free of cost, to the victims of any offence covered under
section 326A, 376, 376A, 376B, 376C, 376D or section 376E of the Indian Penal
Code, and shall immediately inform the police of such incident.
Annexures—Rights of Victims under the Code of Criminal Procedure33 Section
358: Compensation to persons groundlessly arrested.—(1) Whenever any person
causes a police officer to arrest another person, if it appears to the Magistrate by
whom the case is heard that there was no sufficient ground for causing such arrest,
the Magistrate may award such compensation, not exceeding one thousand rupees,
to be paid by the person so causing the arrest to the person so arrested, for his loss
of time and expenses in the matter, as the Magistrate thinks fit. (2) In such cases, if
more persons than one are arrested, the Magistrate may, in like manner, award to
each of them such compensation, not exceeding one thousand rupees, as such
Magistrate thinks fit. (3) All compensation awarded under this section may be
recovered as if it were a fine, and, if it cannot be so recovered, the person by whom
it is payable shall be sentenced to simple imprisonment for such term not
exceeding thirty days as the Magistrate directs, unless such sum is sooner paid.
Section 359: Order to pay costs in non-cognizable cases.—(1) Whenever any
complaint of a non-cognizable offence is made to a Court, the Court, if it convicts
the accused, may, in addition to the penalty imposed upon him, order him to pay to
the complainant, in whole or in part, the cost incurred by him in the prosecution,
and may further order that in default of payment, the accused shall suffer simple
imprisonment for a period not exceeding thirty days and such costs may include
any expenses incurred in respect of process-fees, witnesses and pleader' s fees
which the Court may consider reasonable. (2) An order under this section may also
be made by an Appellate Court or by the High Court or Court of Session when
exercising its powers of revision.