Difference between warrant and summons 




No

Warrant

Summons


1)

Warranty is an order to the police or to a certain person directing him to arrest the accused and to produce him before the court

A summons is a document issued from the office of the Court of Justice calling upon the person to whom it is directed to attend before a judge or officer of the court.


2)

A warrant Cannot be executed by means of a substituted service for example - by affixing a duplicate to some conspicuous part of the house in which the person summoned ordinarily resides and it has to be executed in person.


A summons can be served on a person by means of a substituted service


3)

The absconding in order to evade the service of a warrant is not punishable under the Indian Penal Code 1860

Avoidance of service of summons is punishable under section 172 of the Indian Penal Code by a sentence of imprisonment for a term of 2 months or with fine up to Rupees 500 or both




 Summons Cases and Warrant Cases -



           Section 2 (x) of the Criminal Procedure Code defines warrant case, According to said Section Warrant-case means a case relating to an offense punishable with death, imprisonment for life or imprisonment for a term exceeding 2 years Whereas Summons-case means a case relating to an offense and not being a warrant-case [Section 2(w) of Criminal Procedure Code.]


 

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