June 8, 2023

Summons and warrants

Summon is when Court / Judge /Magistrate tells the person to appear before him at specific time and place or any documents needed for investigation or to provide judgement in some case .A summon can be issued to any person, party, or witness that the court finds relevant to the case.Summon can be referred to as an authoritarian call.

 

Warrant is when the Court/ Judge /Magistrate authorises the government authority  or law enforcement to arrest the person and present him in court or he must be send to jail  or search  Whenever an aggrieved party institutes a case against the accused, the court issues or serves a summon to notify the person about the obligation of the person to appear before the court.

 

There is no precise definition for summons in CrPC.

According to section 61 of the Code of Criminal Procedure, a summon must be in written form and signed by the presiding officer of the concerned court or by such other officer authorised by the High Court. A duplicate of summon shall also be prepared. (Why a duplicate summon shall be prepared? The purpose of making a duplicate of summon is that one copy of summon is given to the party to whom it is issued for his reference. The use of the other copy is to get it signed by the person to whom it was issued and return it to the police officer (the officer who bought the summon). Basically, it acts as evidence that the summon was duly served to the person.)

The purpose of issuing summons are:

  1. To compel the appearance of the accused/witness.
  2. Production of things and documents.

Summon are issued according to Form No. 1 of the 2nd Schedule of the Code of Criminal Procedure:

You can learn a lot more about summon in these law notes:

What Is Warrant?

A warrant is a legal document that the Judge or Magistrate issues, which empowers a police officer to arrest any person, search or seize any premises, or take any other action.

According to section 70 of the Code of Criminal Procedure, it is a written legal document that is duly signed by the presiding officer and contains the seal of the court. It authorises a police officer to make any arrest.

The purpose of issuing the warrant are:
1. To bring the accused before the court for his trial.
2. Production of things and documents.

Warrants are issued according to Form No. 2 of the 2nd Schedule of the Code of Criminal Procedure:

You can learn more about warrants here: What Is Warrant Under the Criminal Procedure Code

Summon vs Warrant

These are the five major differences between summon and warrant:

  1. Object:
  • SummonIt is a legal notice that notifies the person about the legal obligation (responsibility) to appear before the court.
  • WarrantIt is a legal document whose object is to bring the accused (who has ignored the summons and has not appeared) to the court.
  1. Issued to:
  • SummonIt is issued to a person/parties/witnesses.
  • WarrantIt is issued to the police officer.
  1. Motto:
  • SummonIt directs the person to appear before the court or to produce any document or thing.
  • WarrantIt authorises a police officer to arrest the accused and produce him before the court.
  1. Copy:
  • SummonIt has a duplicate copy, as per section 61 of the Code of Criminal Procedure.
  • WarrantIt does not have a duplicate copy, as per section 70 of the Code of Criminal Procedure.
  1. Nature:
  • SummonIt is a liberal invitation.
  • WarrantIt is an order (to forcefully compel).

Conclusion

In conclusion, though both summon and warrant are legal documents that compel the appearance of the person, summon is a milder form, whereas a warrant is a harsh form of compelling attendance.

Also, both summon and warrant must be issued in:

  1. Written form
  2. Signed by the presiding officer
  3. Must bear the seal of the court

 

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