Difference between ‘Warrant-case’ and ‘Summons-case’ – Explained!

The 8 main differences between warrant-case and a summons-case are described below:

Warrant-Case:

1. Charge is to be framed.

2. After the charge is framed, if the accused pleads guilty, the Magistrate may convict him.

3. Magistrate can discharge the accused if the complainant does not appear.

4. With the consent of the Court, the complainant can withdraw the remaining charges if the accused is convicted on one or more charges.

5. A warrant-case cannot be converted into a summons-case.

6. If the charges reveal both a warrant-case and a summons-case, a warrant-case is to be preferred.

7. A charge under a warrant-case cannot be split up into its constitu­ents for trial under a summons-case.

8. A warrant-case is when the offence is punishable with —

(a) Death sentence, or

(b) Sentence of life-imprisonment, or

(c) Sentence of imprisonment for more than 2 years.

Summons-Case:

1. No charge need be framed.

2. Magistrate has discretion to convict an accused if he pleads guilty.

3. Accused may be acquitted if the complainant does not appear.

4. With the permission of the Magistrate, the complainant can withdraw his complaint.

5. A summons-case can be converted into a warrant-case.

6. If the charges reveal both a warrant-case and a summons-case, a warrant-case is to be preferred.

7. A charge under a warrant-case cannot be split up into its constitu­ents for trial under a summons-case.

8. All cases which are not so punishable are summons-cases.