Complaint under CrPC, 1973

Meaning of Complaint
Section 2(d) in the Code of Criminal Procedure, 1973. Complaints means any allegation made
orally or in writing to a magistrate, with a view to his taking action under this code, that some
person, whether know or unknown, has committed an offence, but does not include a police
report.

Objective
The mere objective of such an examination of the Complaint presented to the magistrate is to
establish whether there is any direct or actual case against the person who is being accused of the
offence in the fallowing complaint.

Essentials of a Valid Complaint

The Fallowing are the essentials of a valid complaint.

 A Complaint requires an allegation of commission of an offence by offender.

 The complaint can be orally or in writing.
 The complaint must be made to a magistrate.
 The complaint should be made to take action by the magistrate.
difference between summon and warrant case

Meaning Summon implies a Warrant is an

legal order, issued by authorization issued by
a judicial officer to the court that permits the
the defendant or police officer to perform
witness, with respect an act which is not
to a legal proceeding. covered in their scope.

Contains Instruction to appear Authorization to police

or produce a officer to apprehend the
document or thing accused and produce
before the court. him/her before the court.

Addressed Defendant or witness Police officer

to

Objective To notify the person To bring accused to the

about the legal court, who've ignored
obligation to appear the summons and not
in the court. appeared.

Definition of Summon

In law, the summon is a notice issued by the court to the persons involved in the
lawsuit, containing an order for appearing or for producing a document/ thing
before the judge. It can be explained as a legal document delivered to the party, i.e.
defendant or witness, with respect to a lawsuit.

When a case is initiated by a plaintiff (the aggrieved party), against the defendant
(accused), the summons is served. The court orders to issue summons to the
defendant to notify that he/she is being sued, ensuring a fair trial. It is also issued
to other persons who are directly or indirectly involved in the case.

A summon is in writing, created in duplicate, duly signed by the presiding officer

of the concerned court or by the officer authorised by the high court in this regard.

The police officer or officer of the court or any other person who is a public
servant, delivers the summon, to the defendant. However, the summon issued to
witness is served to him/her by a registered post, wherein the acknowledgement
letter should be signed by the witness, on receiving the summon.

Definition of Warrant

By the term warrant, we mean a written authorization given by a judge or

magistrate, that allows a police officer to perform a specific act, that would
otherwise be called illegal, as the act is against the fundamental rights of the
citizens. The warrant is used to apprehend someone, search the premises, seize the
property or carry out any such activity, that is required to regulate justice.

A warrant is issued in a prescribed format in writing, duly signed by the presiding

officer and contains the seal of the court. It bears the name and designation of the
law enforcement officer who executes it and also contains the name and
description of the person to be arrested. Further, it specifies the offence charged.
Key Differences Between Summon and Warrant

The points given below are relevant so far as the difference between summon and
warrant is concerned:

1. Summon can be understood as the legal order issued by the presiding officer
to defendant or witness or any other person involved in a case. On the
contrary, a warrant is described as a written authorization, issued by a
judicial officer, i.e. a judge or magistrate, which authorizes the police officer
to perform an act, for the regulation of justice.
2. A summon contains a judicial order to appear or produce a document or
thing before the court, whose non-compliance will result in the issuance of
warrant against that person. Conversely, a warrant is an official
authorization to the law enforcement officer to arrest the accused and
produce before the court.
3. A summons addresses the defendant or witness or any other person related
to the case, whereas warrant addresses the police officer.
4. Summons aims at notifying the person of the legal obligation to appear in
the court. Unlike, a warrant is issued with an objective of bringing accused
to the court, who’ve not appeared to the court, even after he/she is
summoned.