Legal Provisions of Section 259 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Power of Court to convert summons-cases into warrant- cases:
The section empowers the Magistrate to convert a summons case into a warrant case if the offence is punishable with imprisonment for more than six months and he is of the opinion that justice demands the case to be tried as a warrant case. Where a summons case
is so converted into a warrant case, the proceedings should be started de novo. The Magistrate may also recall any witnesses who may have already been examined when the case was preceded as a summons case.
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Difference between Summons and Warrant cases:
The procedure to be followed in trial of a Summons case is described under Chapter XIX of Cr. P. C. whereas the procedure to be adopted in warrant cases is contained in Chapter XX of the Code. The procedure in Summons and Warrant case differs on the following points:
Summons Case:
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(1) It is punishable with imprisonment extending upto two years.
(2) Procedure of summary trial is followed for conviction or acquittal.
(3) The trial begins with recording of statement of the accused and if he refused to make a statement, the evidence of prosecution is recorded.
(4) It is not necessary to frame a formal charge.
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(5) The accused gets only one opportunity to cross-examine the prosecution witnesses.
(6) The complainant may withdraw the complaint with the permission of the Court and in that event, the accused is acquitted.
(7) The accused is either convicted or acquitted
Warrant cases:
(1) It is punishable with imprisonment exceeding two years or life imprisonment or sentence of death.
(2) Not triable summarily as examination of witnesses is necessary.
(3) The trial begins with the recording evidence of prosecution and it is only after this, that statement of the accused is recorded.
(4) Framing of formal charge is necessary.
(5) The accused gets two opportunities to examine the prosecution witnesses, one before charges are framed and another after framing of charges.
(6) Generally, permission to withdraw the complaint is not granted. However, in cases relating to State, the Legal Remembrance may withdraw the complaint.
(7) The accused is either convicted or acquittal or he may also be discharged.
(8) The warrant case may revive where the accused has been discharged.