What Is The Difference Between A Summons And A Warrant?

  • A Summons and Warrant are both instructions from a Court of law to a specific party or parties demanding their presence before the issuing court on a specific date.
  • A Summons is issued at the beginning stages. It is delivered by Registered Post to address on record in courthouse.
  • A Warrant is issued usually if the summoned party does not appear despite repeated summons being issued (generally 2–3 summons, but can even be more or less).
  • Summons is an order of the court to the person to appear before it. It gives instruction to appear or produce a document or thing before the court.
  • Warrant gives authorization to police officer to apprehend the accused and produce him/her before the court.
  • Summons is addressed to the defendant or witness, whereas warrant is given to the police officer.
  • The Code of Criminal Procedure classifies all criminal cases into summons cases and warrant cases.
  • A case is a warrant case if the offence is punishable by death, imprisonment for life or imprisonment for more than two years.
  • A summons case is a case that is not a warrant case.

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