What is a warrant case? Difference between summons and warrant procedure case

  

What is a warrant case?

The Warrant Case's Meaning: – A warrant case is one involving an offense that carries a sentence of death, life in prison, or more than two years in prison. Most of the time, these are cognizable offenses that the police arrest without a warrant for because they are serious or grievous. Chapter 19 of the Code of Criminal Procedure defines the Warrant case's procedure. In warrant cases, the accused is put on trial. In Section 2 (x) of the 1973 Code of Criminal Procedure, the term "warrant case" is defined.

 

The duration of a conviction for any offense, punishable by a fine of Rs. 1,500, is determined by the criteria of a summons and warrant case. 50/-, the case becomes a summons.

 

The issuance of a warrant or summons in any case does not alter the nature of the case; the warrant is issued in the case of a summons, and the case does not become a warrant case. A warrant is issued with the intention of bringing an accused person before the court who has not shown up, even after being summoned.

 

The following is the procedure for the trial of a warrant case: – Section 220-237 of the Criminal Procedure Code specifies the procedure for the trial of warrant cases before a Court of Sessions based on a police report:

 

Section 225 describes the Public Prosecutor's trial: The Public Prosecutor is in charge of the prosecution in a Court of Session. In every trial before the Court of Sessions, the State is represented by the Public Prosecutor.

Starting the Prosecution Case (Section 226): – The Prosecutor is required to begin his case by outlining the charges against the accused and the evidence he proposes to use to establish the accused's guilt whenever the accused is brought before the Court for a violation of Section 209 of the Criminal Code. At the beginning of the prosecution, it is not necessary to present all of the evidence documents to the Court of Sessions. The Prosecutor is obligated to address the case's witnesses and propose witnesses.

Section 227: Discharge If the judge determines that there is insufficient evidence to proceed against the accused after reviewing the case records and submitted documents and hearing the prosecution and the accused, he must discharge the accused in accordance with Section 227. Additionally, the reasons for the accused's release must be recorded.

Charge Framing (Section 228): – If it is determined that the accused has committed the offense, which is only triable in the Court of Session, the Court will formulate the charge against the accused after considering the record of cases and documents as evidence and hearing the prosecution and the accused. The judge may charge and transfer the case to a Chief Judicial Magistrate or any other Judicial Magistrate of First Class if the case is not exclusively triable in the Court of Session.

Conviction on Guilty Plea (Section 229): – The Court is permitted to accept the accused's plea under this section, and he also ensures that the accused's plea is made independently and without any influence. After recording the plea, the judge may, at his discretion, find the accused guilty.

Date of Prosecution, Evidence, and Prosecution Evidence: – According to Sections 230 and 231 respectively, the judge may issue any process necessary to compel the production of any document, the attendance of the witness, or any other thing if the accused refuses to plead guilty or does not plead or claims to be tried. The judge will then examine all of the prosecution's evidence.

Section 232: Acquittal: – A judge can order an acquittal under Section 232 if there is no evidence against the accused or if the court finds the evidence the prosecution presented against the accused to be unfounded.

Protection (Section 233): In the event that the accused is not found guilty, preparations for his defense may begin, and he will be required to present supporting evidence. The judge will make a record of the written evidence that the defense has provided.

Acquittal or Conviction Decision (Section 234): – The judge will make a decision regarding the case after hearing the arguments (Section 234 CrPC). After the hearings of both the prosecution and the defense, the verdict—whether acquittal or conviction—is made. According to Section 236 of the CrPc, the judge may call for the evidence of the previous charge if the accused has been convicted under Section 211(7) and does not admit the previous conviction.

The procedure for trial of warrant cases by Magistrate established on police report is outlined in Sections 238-250 of the Criminal Procedure Code, and it is as follows: –

 

CrPC Section 207: – When an accused person appears in court or is brought before the Magistrate at the beginning of the trial, they are required to receive a copy of the police report and any other relevant documents upon the establishment of any warrant case.

Release of the accused on an unfounded charge (Section 239): – After receiving the police report and any other documents from the accused and making them available to them, the Magistrate must take each report into consideration. He will have a fair chance to be heard by the accused and the prosecution (commonly referred to as a charge argument); If necessary, the magistrate will conduct an investigation into the accused. In accordance with Section 239, the magistrate is obligated to acquit the accused if he determines that the charge against him is unfounded. Additionally, he will investigate the case's presumption.

Charges' framing (Section 240): – If the Magistrate is of the opinion that there is probable cause to believe that the accused has committed an offense, he or she is authorized to try the accused for that offense, which, in his or her opinion, may be severe enough to punish the accused. The accused will then be charged in writing, and the trial will begin.

Conviction of charge of blameworthy: - The Magistrate must record the accused's guilty plea and may, at his discretion, convict him.

Prosecution Evidence (Section 247): – The Magistrate is obligated to set a date for the witnesses' examination in accordance with Section 247 if the accused denies guilt and asserts that they will be prosecuted. The Magistrate sets a date for the examination of prosecution witnesses if the accused refuses to plead, does not plead, or claims to be tried. Additionally, upon request from the prosecution, the Magistrate may summon any witness and require him to produce the documents.

Section 313 of the Statement of Accused: – In accordance with Section 313 of the Criminal Procedure Code, the accused is asked to explain the circumstances that support the case against him. Questions and answers given by the accused are recorded during the examination.

Defendant's Evidence (Section 243): – According to section 243 of the prosecution witnesses, the accused must produce the defense witnesses and bear the costs of coercing their appearance. The accused confronts the defense and presents the evidence. If the accused provides written evidence, the Magistrate records it.

Argument and conclusion: – Argument and the Magistrate's decision comprise the final two stages. During the argument, the defense presents their evidence, the prosecutor presents the case, and the accused or his attorney must respond. The Magistrate's acquittal or conviction of the accused follows the argument.

Difference between Warrant case and Summons case

S.NO.	WARRANT  CASE	SUMMONS CASE
1.	In Warrant case, the punishment is of death penalty, life imprisonment or imprisonment more than 2 years.	In summon case, the punishment will not exceed more than 2 years.
2.	Procedure of Warrant case is described under Chapter-19 of CrPC from Section 238 to section 250.	Procedure or summon case is described under Chapter-20 of CrPC from Section 252 to section 259.
3.	It is mandatory to frame charges against accused.	It is not mandatory to frame charges against accused.
4.	Its objective is to notify the person about the legal obligation to appear in the court.	To bring the accused to the court who has ignored the summons and did not appear to the court.
5.	In this, authority is given to police officer to bring and produce the accused to the court.	In this, instructions are to produce any documents or other thing in the court.