|Summons Case||Warrant case|
|Cr P C prescribes only one procedure for all summons cases, whether instituted upon a police report or otherwise.||Cr PC prescribes two procedures for the trial of a warrant case my magistrate - one for case instituted upon a police report and one for case instituted otherwise than on a police report.|
|No charge needs to be framed only the particulars of the offence needs to be conveyed to the accused.
||A charge needs to be framed against the accused.|
|As per S. 252, if the accused pleads guilty, the magistrate must record the plea of the accused and may, in his discretion, convict him on such plea.||As per S. 241, After the charge is framed, the accused may plead guilty and the magistrate may convict him on his discretion.|
|Accused my plead guilty by post without appearing before the magistrate.||Accused must appear personally.|
|The accused may be acquitted, if the complainant is absent or if the complainant dies.||Magistrate can discharge the accused if complainant is absent, or no charge is framed, or if the offence is compoundable and non cognizable.|
|The complainant may, with the permission of the court, withdraw the complaint against the accused.||The complainant may, with the permission of the court, withdraw the remaining charges against an accused, if he is charged with several offences and convicted on one or more of them.|
|When a warrant case is tried as a summons case and if the accused is acquitted under S. 255, the acquittal will only amount to discharge.||When a summons case is tried as a warrant case and if the accused is discharged under S 245, the discharge will amount to acquittal.|
|Trial of a warrant case as a summons case it is a serious irregularity and the trial is vitiated if the accused has been prejudiced.||Trial of a summons case as a warrant case is an irregularity which is curable under Section 465.|
|A summons case cannot have charges that require a warrant case.||A warrant case may contain charges that reflect a summons case.|
|Accused gets only one opportunity.||Accused may get more than one opportunity to cross-examine the prosecution witness.|
|A charge under a warrant case cannot be split up into its constituents for trial under summons case.|
|No such power to the magistrate in summons case.||After convicting the accused, the magistrate may take evidence regarding previous conviction not admitted by the accused.|
|All cases which are not punishable by death, imprisonment for life, or for more than two years are summons cases.||All cases which are punishable by death, imprisonment for life, or for more than two years are warrant cases.|
As per Section 259, a summons case can be converted into a warrant case if the case relates to an offence that entails more than 6 months of imprisonment as punishment and the judge feels that in the interest of justice it the case should be tried as a warrant case.
|A warrant case cannot be converted into a summons case.|
|Compoundable Offence Section 320||Non Compoundable Offence|
|Offences classified as compoundable by S. 320 of CrPC||Rest of the offences|
|Offence mostly affects a private party.||Private party as well as society both are considerably affected by the offence.|
|The victim and the offender may reach compromise with or without the permission of the court depending on the offence.||No compromise is allowed. Even court does not have the power to compound the offence.|
|Upon compromise, the offender is acquitted without any trial.||Full trial is held and acquittal or conviction is given as per the evidence.|
|No legal definition. It is used in its regular English meaning.||As per Section 2(d), a complaint means any allegation made orally or in writing to a magistrate, with a view to his taking action under this code (CrPC), that some person, whether known or unknown, has committed an offence, but does not include a police report.|
|No action from the magistrate is expected.||The purpose of complaint is that the magistrate takes action on it and provide relief.|
|No cognizance is taken.||Magistrate takes cognizance of the offence as per Section 190.|
|It may include information about commission of offences, apprehension about breach of peace, and presence of absconder and suspected persons to police officers or magistrate. Thus, an information may not necessarily about an offence.||It is always about commission of an offence.|
|Sufficient grounds for commitment
||Sufficient grounds for conviction
|When a magistrate takes cognizance of an offence under Section 190 (upon receipt of a complaint or otherwise), he examines the complaint in accordance with Section 200 by examining the facts and the witnesses. If he finds that the complaint is with merits, the case is deemed committed for trial and the magistrate issues the process under Section 204. If the offence is exclusively triable by Court of Session, the magistrate commits the case to Court of Session under Section 209.||Upon holding the trial, if the court is satisfied with the evidence provided by the prosecute that the accused is guilty of the alleged offence, he convicts the offender.|
|At this stage it is not considered whether the grounds are sufficient for conviction.||The evidence must prove the guilt of the accused without any doubt.|
As per Section 227, if, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing.
If after evaluating the evidence given by the prosecute, the judge considers that there is no evidence that the accused has committed the offence, the judge acquits the offender under Section 232.
However, if the offender is not acquitted under Section 232, he is permitted to give his defense and evidence. After hearing the arguments of both the parties, the court may acquit of convict the person under Section 235.
|Warrant Trial By Magistrate
As per Section 239, if, upon considering the police report and the documents sent with it under section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.
|Warrant Trial By Magistrate
As per Section 248, if, in any case under this Chapter in which a charge has been framed, the Magistrate finds the accused not guilty, he shall record an order of acquittal.
|Discharge does not mean that the accused has not committed the offence. It just means that there is not enough evidence to proceed with the trial.||Acquittal means that the accused has been held innocent.|
|If further evidence is gathered later on, the accused may be tried again.||The accused cannot be tried again for the same offence once he has been acquitted.|
|Cognizable offence||Non Cognizable offence|
|Defined in Section 2(c) - "cognizable offence" means an
offence for which, and "cognizable case" means a case in which, a
police officer may, in accordance with the First Schedule or under any
other law for the time being in force, arrest without warrant.
Examples - Murder, Dowry death, grevious hurt, theft.
|Defined in Section 2(l) - "non-cognizable offence" means an offence for which, and "non-cognizable
case" means a case in which, a police officer has no authority to arrest without
Example - keeping a lottery office,voluntarily causing hurt, dishonest misappropriation of property.
|Police has to record information about a cognizable offence in writing as per Section 154.||As per Section 155, Police has to enter information in register prescribed for it and refer the informant to a magistrate.|
|Police can start investigation without the order of a magistrate.||Police officer cannot investigate the case without the order of a magistrate.|
|In general, cognizable offences are of serious nature which involve imprisonment of more than three years. However, there is no such precise rule. To be cognizable, an offence must be declared so by the law defining that offence. Several offences which carry less prison term such as rioting (2 yrs) have been declared cognizable, while several with bigger prison term such as False Evidence (7 yrs) or Rape by a man with his own wife of not less than 12 yrs have been declared non-cognizable.|