CLASSIFICATION OF WARRANT AND

SUMMON CASE

Submitted to SUBMITTED BY:

Mr Sonu Saini SHIVANGI DHIR
ROLL NO 17134
B.A. LLB (HONS)
5TH SEMESTER
 CLASSIFICATION OF WARRANT AND SUMMON
CASE
WHENEVER A CASE IS BROUGHT TO A COURT, THAT COURT MUST ENSURE THAT A FAIR TRIAL IS CONDUCTED
AND THEREFORE, THE APPEARANCE OR PRESENCE OF ALL THE PARTIES INVOLVED IN THE CASE IS
NECESSARY.
THIS IS DONE THROUGH TWO PROCEDURES – SUMMONS AND WARRANT.
IN CRIMINAL LAW, THE CRIMINAL PROCEDURE CODE, 1973, PROVIDES THE PROVISIONS IN THIS
REGARD IN SECTION 204 AND SECTION 87. SECTION 204 STATES THAT IN A SUMMONS CASE, IF THE
MAGISTRATE IS REASONABLY SATISFIED, HE MAY ISSUE A SUMMON FOR THE APPEARANCE OF THE ACCUSED
AT THE HEARING AND A WARRANT, AS NECESSARY TO BRING THE ACCUSED BEFORE THE COURT OR ANY
MAGISTRATE HAVING THE JURISDICTION. WHILE, SECTION 87 PROVIDES THAT A COURT WHO HAS THE POWER
TO ISSUE A SUMMONS, CAN ALSO ISSUE A WARRANT, AFTER RECORDING THE REASONS IN WRITING FORM, IF
1. THE COURT BELIEVES THAT THE PERSON HAS ABSCONDED OR MAY NOT OBEY THE SUMMONS SENT TO
HIM.
2. THE PERSON FAILS TO APPEAR WITHOUT ANY REASONABLE EXCUSE AND THE SUMMONS HAS BEEN
PROPERLY SERVED
• WHAT IS SUMMONS?
• SUMMONS IS A DOCUMENT THAT ORDERS A PERSON TO WHOM IT WAS SENT TO APPEAR BEFORE THE
COURT AND ANSWER THE MAGISTRATE ON THE COMPLAINT MADE AGAINST HIM. IT IS ISSUED BY THE
MAGISTRATE UNDER SECTION 204 (1) (A) OF CODE OF CRIMINAL PROCEDURE CODE,1973. SUMMON CASES
ARE THOSE IN WHICH PUNISHMENT WILL NOT EXCEED IMPRISONMENT FOR TWO YEARS. IT CAN BE SAID
THAT SUMMON CASES ARE NOT OF SERIOUS NATURE, SO IT NEEDS TO BE DECIDED SPEEDILY, WITHOUT
DISPENSING THE REQUISITES OF THE FAIR TRIAL.
• DEFINITION:
THE DEFINITION OF THE SUMMONS CASE IS GIVEN IN 2(W) IN THE CODE OF CRIMINAL PROCEDURE,
1973; THE SUMMONS CASE MEANS A CASE RELATED TO AN OFFENSE WHICH IS NOT A CASE OF WARRANT.
PROCEDURE OF SUMMON CASE IS DEFINED UNDER CHAPTER 20 OF CODE OF CRIMINAL PROCEDURE.
• ANY OFFENSE, PUNISHABLE WITH A FINE OF RS. 50 /-, THEN SUCH A CASE IS SUMMONS CASE
 THERE IS NO NEED TO FRAME FORMAL CHARGES IN SUMMONS CASES.
 THE ACCUSED MAY BE CONVICTED OR ACQUITTED.
 SUMMONS CASE ONCE COMPLETED CANNOT BE REOPENED.
 IN SUMMONS CASE THE COMPLAINANT CAN WITHDRAW HIS COMPLAINT. THE EFFECT OF THIS WOULD BE
TO ACQUIT THE ACCUSED.
 SUMMONS ARE USUALLY ISSUED TO THE ACCUSED IN SUMMON CASES.
 THE QUESTION OF PUNISHMENT IN THE SUMMONS CASE DOES NOT REQUIRE HEARING OF THE ACCUSED.
 THERE IS GENERALLY NO NEED FOR AN ARGUMENT BEFORE THE PROSECUTION IN SUMMONS CASES.
 PURPOSE OF ISSUE OF SUMMONS
THE MAIN PURPOSE OF THE SUMMONS IS TO ENSURE A FAIR TRIAL AND THE SPEEDY
DISPOSAL OF THE CASE.
SUMMONS GIVES A CHANCE TO THE DEFENDANT TO APPEAR IN THE COURT AND SUBMIT
A WRITTEN STATEMENT PLEADING THEIR SIDE.
WHILE SUMMONS TO A WITNESS IS NECESSARY AS THE WITNESS COULD REFUSE TO
APPEAR IN COURT IF REQUESTED BY ANY PARTIES TO THE CASE AND HE MAY DENY ANY
INFORMATION OR KNOWLEDGE WHICH MIGHT BE IMPORTANT TO ENACT JUSTICE.
MODE OF SERVICE
SUMMONS CAN BE SERVED TO THE DEFENDANT AND WITNESS THROUGH POST, OR BY A
SERVING OFFICER UNDER RULE 9 OF ORDER 5.
THE PLAINTIFF CAN ALSO DELIVER A SUMMONS SIGNED BY THE JUDGE AND BEARING THE
SEAL OF THE COURT WITH THE PERMISSION FROM THE COURT UNDER RULE 9-A IN
ADDITION THE SUMMONS SENT BY THE COURT.
• PROCEDURE OF TRIAL OF SUMMONS CASE
THE PROCESS OF TRIAL FOR SUMMON CASES IS LESS CONCISE IN NATURE. THE
PROCEDURE OF THE SUMMON CASES IS AS FOLLOWS: –
• EXPLAINING THE SUBSTANCE OF ALLEGATION TO THE ACCUSED (SECTION 251)
• THE CONVICTION ON PLEA OF GUILTY (SECTION 252)
• THE ABSENCE OF ACCUSED (SECTION 253)
• THE PROCEDURE WHEN THE ACCUSED IS NOT CONVICTED ON PLEA (SECTION 254)
• ACQUITTAL OR CONVICTION (SECTION 255)
• DEATH OR NON-APPEARANCE OF THE COMPLAINANT (SECTION 256)
• THE WITHDRAWAL OF COMPLAINT (SECTION 257)
• DISCHARGE OF SUMMONS CASE (SECTION 257)
WHAT IS A WARRANT?
A WARRANT IS A WRITTEN ORDER FROM A JUDICIAL OFFICER AUTHORIZING A POLICE
OFFICER OR ANY OTHER LAW ENFORCEMENT BODY, TO UNDERTAKE SOME ACTS FOR
THE ADMINISTRATION OF JUSTICE.
UNDER CRIMINAL LAW, SECTION 2 DEFINES A WARRANT CASE AS AN OFFENCE THAT CAN
PUNISHABLE WITH DEATH, IMPRISONMENT FOR LIFE, OR FOR A TERM EXCEEDING 2
YEARS.
WHILE, IN CIVIL LAW, SECTION 32 STATES THAT A COURT MAY ISSUE A WARRANT IF THE
PERSON FAILS TO APPEAR AFTER BEING SUMMONED.
ARREST WARRANT
ARREST WARRANT IS A WARRANT ISSUED BY A JUDICIAL MAGISTRATE AUTHORIZING A
POLICE OFFICER
OR ANY OTHER PERSON, TO ARREST A PERSON AND TAKE THEM INTO CUSTODY.
AN ARREST WARRANT IS ISSUED WHEN THERE IS A REASONABLE BELIEF THAT A PERSON
HAS COMMITTED
AN OFFENCE AND HAS A CHANCE TO ABSCOND.
IN CRIMINAL LAW,
THE ARREST WARRANT IS FURTHER DIVIDED INTO TWO:-
1. BAILABLE WARRANT (SECTION 71)
2. NON- BAILABLE WARRANT (SECTION 76)
ACCORDING TO SECTION 70, AN ARREST WARRANT MUST BE IN WRITING, SIGNED BY THE PRESIDING OFFICER
OF THE COURT, AND BEAR THE SEAL OF THE COURT ISSUING IT.
OTHER THAN THE ABOVE-MENTIONED REQUISITES, THERE ARE SOME OTHER REQUISITES TO BE FULFILLED AS
WELL:
1. IT SHOULD MENTION THE NAME AND DESIGNATION OF THE PERSON EXECUTING IT.
2. IT MUST GIVE FULL DETAILS OF THE PERSON TO BE ARRESTED SO THE IDENTIFICATION COULD BE DONE
EASILY.
3. IT MUST ALSO SPECIFY THE OFFENCES CHARGED.
A WARRANT CONTENTS THE FOLLOWING:-
1. NAME OF THE COURT
2. NAME OF THE POLICE OFFICER EXECUTING IT
3. THE OFFENCE FOR WHICH THE PERSON IS ACCUSED OF
4. THE PLACE WHERE THE OFFENCE HAS BEEN COMMITTED
5. SEAL OF THE COURT
6. SIGN OF THE PRESIDING OFFICER
7. NAME AND ADDRESS OF THE ACCUSED PERSON
SEARCH WARRANT
A SEARCH WARRANT IS A WRITTEN ORDER ISSUED BY A COURT OR A MAGISTRATE
AUTHORIZING A POLICE
OFFICER OR ANY PERSON HAVING THE PERMISSION TO CONDUCT A SEARCH OF A
PERSON, THEIR HOUSE, PREMISES, VEHICLES, OR OTHER BELONGINGS AND ALSO
CONFISCATE ANY SUSPICIOUS THING WHICH MAY BE USED AS A PIECE OF EVIDENCE.
SECTION 93, 94, 95, AND 97 OF THE CRIMINAL PROCEDURE CODE, 1973, MAINLY DEALS
WITH THE PROVISION OF SEARCH WARRANT.
SECTION 93 STATES THE CIRCUMSTANCES AS TO WHEN A SEARCH WARRANT CAN BE
ISSUED AND SECTION 94 PROVIDES THE PROCEDURE FOR THE SEARCH OF A PLACE
THAT MIGHT HAVE SOME STOLEN PROPERTY, FORGED DOCUMENTS, ETC.
PROCEDURE OF TRIAL OF WARRANT CASE
SECTION 225-237 OF THE CRIMINAL PROCEDURE CODE LAYS DOWN THE PROCEDURE FOR
TRIAL OF
WARRANT CASES BEFORE A COURT OF SESSIONS ESTABLISHED ON POLICE REPORT AND
ACCORDINGLY THE
PROCEDURE FOR TRIAL IS AS FOLLOWS: –
 TRIAL TO BE CONDUCTED BY THE PUBLIC PROSECUTOR (SECTION 225)
 OPENING CASE FOR PROSECUTION (SECTION 226)
 DISCHARGE (SECTION 227)
 FRAMING OF CHARGE (SECTION 228)
 CONVICTION ON PLEA OF GUILTY (SECTION 229)
 DATE FOR PROSECUTION EVIDENCE AND EVIDENCE FOR PROSECUTION
• ACQUITTAL (SECTION 232)
• DEFENCE (SECTION 233)
• JUDGEMENT OF ACQUITTAL OR CONVICTION (SECTION 234)
SECTION 238-250 OF THE CRIMINAL PROCEDURE CODE LAYS DOWN THE PROCEDURE FOR TRIAL OF
WARRANT CASES BY MAGISTRATE ESTABLISHED ON POLICE REPORT AND ACCORDINGLY THE
PROCEDURE FOR
TRIAL IS AS FOLLOWS: –
SECTION 207 CRPC:
• DISCHARGE OF ACCUSED ON BASELESS CHARGE (SECTION 239)
• FRAMING OF CHARGES (SECTION 240)
• CONVICTION OF CHARGE OF GUILTY
• EVIDENCE FOR PROSECUTION (SECTION 247)
• STATEMENT OF ACCUSED (SECTION 313)
• EVIDENCE FOR DEFENSE (SECTION 243)
• ARGUMENT AND JUDGEMENT
 CONCLUSION
SUMMONS AND WARRANT ARE TWO LEGAL DOCUMENTS CONTAINING A WRITTEN
ORDER, WHICH A COURT ISSUES AFTER THE CASE HAS BEEN REGISTERED, THAT
REQUIRES THE PERSON NAMED IN THE DOCUMENT TO APPEAR BEFORE THE COURT
ON THE STIPULATED DATE.
A FAIR TRIAL IS A BASIC RIGHT OF EVERY HUMAN BEING. ENSURING THIS CAN BE
VERY DIFFICULT WITH THE ABSENCE OF EVEN ONE PARTY TO THE CASE, WHICH IS
WHY SUMMONS AND WARRANT SERVE AS AN IMPORTANT MODE TO DELIVER
PROPER JUSTICE TO THE PEOPLE.