1.

Difference between Bailable and Non- Bailable Offence

The term “bail” has not been defined in the code. The code only defines the bail as for
bailable and non- bailable offences u/s 2(a), The word bail is derived from old French verb
“baillier” which mean “to give” or “to deliver”. As a verb it means to deliver an arrested
person to his sureties. Thus, in general sense it is a process to set a person free by asking
that person to furnish security who is under detention or arrest by competent authority for his
appearance in the court on the date fixed. its further provisions are given u/s 436-450.

Basis of Bailable Offence Non – Bailable Offence

Difference

Provision It is defined u/s 2(a) of CrPC, as an It is also defined u/s 2(a) of CrPC, as an
under CrPC offence which is shown as bailable in any other offence other than bailable.
the 1st schedule, or which is made
bailable by any other law for the time
being in force.
Intensity of Bailable offences are considered less Whereas, Non- Bailable offences are
Crime serious in nature. considered more serious / heinous in nature

Quantum of As a general rule bailable offences are The quantum of punishment is high in
Punishment those in which punishment is for or Non- Bailable offences which may extend
less than 3 years. But there are some to Life Imprisonment.
exceptions to this rule.
Power to In Bailable Offences, bail can be Whereas, bail cannot be claimed as right
Grand Bail claimed as of right and is granted as a and court or the police officer has
matter of course by the police officer discretion to grand bail after considering
or by court. Its provision can be traced facts and circumstances pf each case.
u/s 436 of CrPC +65Provision for Non- Bailable offence is
given u/s 437 of CrPC.
Examples Cheating (Sec. 407 IPC), Affray Dowry Death (Sec. 304B, IPC), Murder
(Sec.160,IPC), Bribery for elections (Sec. 302, IPC), Rape (Sec.376, IPC),
(Sec 171E IPC) Voluntarily causing Grieve Hurt (Sec. 326,
 IPC)
Cases In Rasiklal v. Kishore Khanchand In Mansab Ali v. Irsan[ii], It was held by
Wadhwani[i] , It was held by the apex the apex court that since the jurisdiction is
court that the right to claim bail discretionary, it is required to be exercised
granted by sec. 436 in a bailable with great care and caution by balancing
offence is an absolute & indefeasible valuable right of liberty of an individual
right and the interest of society at large.

2. Difference between Investigation and Inquiry

BASIS FOR
INVESTIGATION INQUIRY
COMPARISON

Meaning The investigation is the Inquiry is a legal process,

executive procedure of
systematically collecting the
facts and evidence, and
determining the
circumstances of the case.
which is initiated with an
aim of clearance of
doubt, finding out the
truth or furtherance of
knowledge regarding the
case.

Defined in Section 2 (h) of CrPC Section 2 (g) of CrPC

Conducted by Police Officer or any other Magistrate or Court

person authorized by
Magistrate.

Stage First Stage Second Stage

Objective Collection of facts and Determination of truth

evidence and falsehood of the
 BASIS FOR
INVESTIGATION INQUIRY
COMPARISON

allegations

Commencement When an FIR or complaint When charge-sheet is

has been lodged. filed.

Ends in Filing of Police Report Framing of Charges

Nature of Administrative Process Judicial or Non-Judicial

Process Process

3.SUMMON vs WARRANT

Summon vs Warrant
Summon

 The Code of Criminal Procedure has defined summons

cases under Section 2(w) as cases related to an offence,
which is not a warrant case.
 Summon is defined in Section 2(w) of the Code of Criminal
Procedure, 1973. It is a legal notice which is issued both
in case of a criminal and civil proceeding under which a
court orders an individual to appear or to produce a
document before the court according to the place and
time mentioned.
  The punishment tenure of summons cases would not
exceed two years of imprisonment, which connotes the
less serious nature of the case and thus,

Types of Summon

(I) Civil Summon: A judicial summon given to a private person to appear in the civil
court and respond to a petition filed in a court. It is issued in the following matters
such as breach of contract, injunction, etc.

(II) Criminal Summon: It is a judicial summon issued to appear in a criminal court. It

includes cases such as trespassing, assault, murder, etc.

(III) Administrative Summon: – It is issued by an administrative body that is

authorized in law to handle a specific type of investigation or legal matters. It can
be issued by various courts such as Tax courts, Immigration courts, Labour courts,.

What is a Warrant?

A warrant is defined in Section 2(x) of the CrPC which is

explained as a legal document empowering police officer to
arrest, search or seize the premises or take any action which
concerned the administration of justice.

Types of Warrant

1. Arrest warrant: It is issued by a Judge or Magistrate which shows probable

cause that a specific crime has been committed and the person mentioned
has committed it. This authorizes the arrest and detention of an individual. A
2. warrant is not required if police have the necessary probable cause to arrest
someone. It is mentioned in Section 70 of the Code.
 3. The bailable warrant has been discussed in Section 71 of the Code which
explains the warrant of arrest of any person. Whenever the security is taken
under this section, the bond must be forwarded to the court by the officer to
whom the warrant is issued.
4. Section 73 of the Code deals with the non-bailable warrant which is a
warrant against any persons. This warrant is direct by the Chief Judicial
Magistrate or a Magistrate of the First Class . It was held in Inder Mohan
Gowswamy and Anr. v. State of Uttaranchal and others that a non-bailable
warrant should not be issued if the presence of accused could be secured.
5. Search warrant: – Section 93 deals with the search warrant. It is issued by a
Judge to search a specific premise for the evidence of a specific crime

These are the five major differences between summon and

warrant:

1. Object:

 Summon: It is a legal notice that notifies the person about

the legal obligation (responsibility) to appear before the
court.
 Warrant: It is a legal document whose object is to bring the
accused (who has ignored the summons and has not
appeared) to the court.

2. Issued to:
 Summon: It is issued to a person/parties/witnesses.
 Warrant: It is issued to the police officer.

3. Motto:

 Summon: It directs the person to appear before the court or

to produce any document or thing.
 Warrant: It authorises a police officer to arrest the accused
and produce him before the court.

4. Copy:

 Summon: It has a duplicate copy, as per section 61 of the

Code of Criminal Procedure.
 Warrant: It does not have a duplicate copy, as per section 70
of the Code of Criminal Procedure.

5. Nature:

 Summon: It is a liberal invitation.

 Warrant: It is an order (to forcefully compel).
Difference Between Summon Case And Warrant
Case

Points of
Summon Case Warrant Case
difference
Punishment Less than two years More than two years of
Tenure of imprisonment imprisonment

Dealt with under

Dealt with under Chapter –
Chapter –XX of CrPC
Procedure XIX of CrPC from Section
from Section 252 to
238 to 250.
259.

Framing of charges
against the accused
Framing of Criminal
is not necessarily to
Charge charges against accused
be done. But, only
Framing person is mandatorily to be
the particulars must
done.
be conveyed to the
accused.

It brings the accused

It notifies the
person before the court,
accused person that
Object who has ignored the
he is legally obliged
summon has been duly
to appear in court.
issued to him.

It instructs to
In general, it authorizes a
produce the relevant
police officer to bring the
Content documents and
accused person before the
others before the
court.
court.

Discharge of · Absence of the · Absence of the

the accused complainant. complainant.
 · If no charges are
framed.

person, · On the death of the · If the offence is non-

when? complainant. cognizable and
compoundable.

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By no mean, a warrant
A summon case can
Conversion of case can be cannot be
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case converted into summon
warrant case.
case

Briefly state the importance of studying ethics.