Diffirent between summons case & warrant case

This query is : Resolved 
 

Online (Querist)
18 May 2013

Can anybody tell me what is the difference between summons case and warrant case in criminal law. I got this doubt when I am going through Sec. 204 of Cr.p.C.


Kiran Kumar (Expert)
19 May 2013

better have a look at some good commentary on Criminal Procedure Code for some good academic exercise.

prabhakar singh (Expert)
19 May 2013

You do not clear the doubt your mind is laboring for.

Have you not gone with definition clause?

Section 2(w)and section 2(x)of cr.p.c.?

s.2(w) “summons-case” means relating to an offence, and not being a warrant-case;

and

s.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;

s.204 is about issue of process by magistrate,who when satisfied prima facie,of commission of an offence,shall issue SUMMONS for a SUMMONS CASE but can issue warrant or summons for a warrant case,as he deems fit in his judicial discretion.

The obvious difference here is that in no case, a magistrate can issue warrant for a SUMMON CASE while taking cognizance of offence on a complaint while for a WARRANT
CASE he has choice of issuing either a WARRANT or a SUMMON while taking cognizance of offence committed and chargesheeted.




ajay sethiOnline (Expert)
19 May 2013

academic query . read CR PC

V R SHROFF (Expert)
19 May 2013

Shri Singh explained you well.

Being Advocate, pl go thru your books/ Sr. before such Query in LCI Experts, To keep up Dignity of Advocates.
We r bound to know this.

Advocate Ravinder Online (Querist)
19 May 2013

My branch of specialization is civil only. I have very meagre knowledge in criminal law. Thanks to the above experts for giving valuable information. Anyway I will follow your advice to refer Cr.P.C.

R.K NandaOnline (Expert)
19 May 2013

search google.



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