Entire CrPC in Hindi with Free PDF Notes - Definition & Meaning of Summon Cases and Warrant Cases

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Summon case
&
Warrant CAse
CrPc classifies criminal cases into 2
Summon Case
Warrant Case
Classification is based on procuring attendance and gravity of offence
committed
Warrant Cases
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;
Serious Offences
In warrant cases, probability of the accused fleeing from the hands of
justice is high, therefore, arrest is the normal course of action for
compelling appearance.
Summon Case
S2 (w) “summons-case” means a case relating to an offence,
and not being a warrant-case;
Relatively less serious crime
Accused would not abscond
Section 174 IPC
Departure from general Rule of summon/warrant case
Section 204 & 87
Discretion on judicial officers to depart from the general rule when
circumstances exists.
204. Issue of process.—
(1) If in the opinion of a Magistrate taking cognizance of an offence
there is sufficient ground for proceeding, and the case appears to be—
(a) a summons-case, he shall issue his summons for the attendance of the
accused, or
(b) a warrant-case, he may issue a warrant, or, if he thinks fit, a
summons, for causing the accused to be brought or to appear at a certain
time before such Magistrate or (if he has no jurisdiction himself) some
other Magistrate having jurisdiction.
87. Issue of warrant in lieu of, or in addition to,
summons.—
87. Issue of warrant in lieu of, or in addition to, summons.—
A Court may, in any case in which it is empowered by this Code to issue a
summons for the appearance of any person, issue, after recording its
reasons in writing, a warrant for his arrest—
(a) if, either before the issue of such summons, or after the issue of the
same but before the time fixed for his appearance, the Court sees reason
to believe that he has absconded or will not obey the summons; or
(b) if at such time he fails to appear and the summons is proved to have
been duly served in time to admit of his appearing in accordance therewith
and no reasonable excuse is offered for such failure.