Summons case Warrant cases

Offences punishable with less than 2 years Offences punishable with more than 2 years

Generally non cognizable and bailable Generally cognizable and non bailable

Only one procedure for all summons case, Two procedures for trial of warrant cases- upon
whether upon a police report or otherwise a police report – otherwise than a police report

No Charge framed-only particulars of offence

A Charge needs to be framed
conveyed
Summons case Warrant cases
U/S 252, if the accused pleads guilty, the magistrate must U/S 241 after the charge is framed, the accused may
record the plea of the accused and may, in his discretion , plead guilty and the magistrate may convict him on his
convict him on such plea discretion

Accused may plead guilty by post without appearing

Accused must appear personally
before the magistrate

Magistrate can discharge the accused of the complainant

The accused may be acquitted , if the complainant is
is absent , or no charge is framed, or if the offence is
absent or dies
compoundable and non cognizable

Sometimes the magistrate can pass sentence in the Every warrant case must be triable in the presence of the
absence of the accused (S 253) accused only
Summons case Warrant cases

A summons case can be converted into warrant case A warrant case cannot be converted into a Summons case

If a summons case is converted into warrant case, denovo trial

- No Such thing
takes place

The complainant may, with the permission of the court, withdraw

The complainant may, with the permission of the court , withdraw
the remaining charges against an accused, if he is charged with
the complaint against the accused
several offences and convicted on one or more of them
Summons case Warrant cases
When a warrant case is tried as summons case and if the When a summons case is tried as warrant case and if the
accused is acquitted U/S 255, the acquittal will only accused is discharged U/S 245, the discharge will amount
amount to discharge to acquittal.

Trial of a warrant case as a summons case it is a serious

Trial of a summons case as warrant case is an irregularity
irregularity and the trial is vitiated if the accused has been
which is curable U/S 465
prejudiced

Only one opportunity to accused to cross examine

More than one opportunity
prosecution witness

After convicting the accused, the magistrate may take

No such power to the magistrate in summons case evidence regarding previous conviction not admitted by
the accused