Your email address will not be published. Save my name, email, and website in this browser for the next time I comment. Key Differences Between Summon and Warrant The points given below are relevant so far as the difference between summon and warrant is concerned: 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. 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.
A summons addresses the defendant or witness or any other person related to the case, whereas warrant addresses the police officer. Summons aims at notifying the person of the legal obligation to appear in the court. Comments good job surbhi. Leave a Reply Cancel reply Your email address will not be published.
A trial is a process in which two parties are in dispute the defendant and the accused , and it is determined by a judge or a jury whether the accused person is guilty or not. A trial happens when it is pleaded by the accused person, that he is not guilty. PC states that there are four types of criminal trials, namely session, warrant, summons and summary trials.
In the following article, the concept of summon trial and warrant trial is discussed, particularly dealing with the distinction between summon and warrant trial. A summon is a form issued by a Court, calling on a person to appear before the Magistrate to produce it. Section 61 of the Cr. Summons that do not have those elements are considered invalid, and the person to whom they are issued or addressed may refuse to accept them.
Any summons must be served by a police officer, and if possible, one of the duplicates of the summons must be served personally on the person summoned. Unless after due consideration the person being summoned is not identified, the summons can be served, leaving a duplicate thereof with another adult male family member who lives with the person being summoned. If, in any case, the delivery of the summons cannot be compromised, then the serving officer must add a duplicate of the summons to any visible part of the house in which the person normally resides.
The court may either announce that the summons was properly served after making the requisite enquiries in such cases, or it may order fresh delivery of the summons. In Hemendra Nath Chowdhury vs Sm. Archana Chowdhury, the court said that it should be shown that adequate efforts were made to find the person summoned, in order to justify service under section 64 of crpc. In Ramchandra Mishra vs state of Orissa , the court said that temporary absence of a person from his home, to whom summons are issued, is not sufficient.
A warrant is an order issued to a certain person that orders him to apprehend the accused and to bring him to justice. It is being executed on valid grounds only by a Magistrate. The warrant must bear the court seal, and a court presiding officer must sign the written warrant. A warrant remains valid until it is cancelled by the same court, whose seal it bears.
The court has a right to state in a warrant that a person can pay a certain amount of security as assurance of producing himself before the court and thereby, avoid his arrest. If necessary, the immediate execution can be done by a person who is not a police officer.
A Magistrate can execute a warrant on any person entering his territory and the person to whom the warrant is issued, can be anybody within his local jurisdiction. An arrested person should be notified about the cause of his arrest, and if the need be, the warrant can be shown to him.
Warrant can be authorised to a police officer outside the jurisdiction of the Judicial Magistrate, but this must be approved by the Executive Magistrate or by a police officer who is in charge of the police station.
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. 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 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. It is a legal document sent to the defender team or observer team that is in agreement with the case is also called summon.
It is issued in the type of a legal document that includes information such as the designation of the individual who registered the complaint and the designation of the defendant. When an aggrieved party files a court case in opposition of the suspect, a summon is issued. The court directs that a summons be issued to the defendant, notifying him or her that he or she is being sued and must appear in court. It can be given to anybody engaged in the lawsuit, whether directly or indirectly.
The warrant authorizes a police official to take the accused in custody, they can also search the whole surrounding, or confiscate property, among other things, to maintain the rule of law. It authorizes him or her to conduct a specified act. It is allotted in writing and follows a certain format. It includes information such as the Full name and post of the police officer.
It also has a full name and little detail about the person to be taken into custody and also mentions the type of crime for which the warrant is allotted.
0コメント