CODE OF CRIMINAL PROCEDURE
Q.1. Difference between summons and warrant case.
Section 2(w) of code of criminal procedure provides that summon case means
a case relating to an offence, and not being a warrant case and Section 2(x) of
code of criminal procedure provides that warrant case means a case relating to
an offence punishable with death, imprisonment for life or imprisonment for
more than two years. As summon case is less serious in nature, the trial
procedure in such cases is not as elaborate as in warrant case.
1. Definition
Summons case” means a case relating to an offence and not being a
“warrant case” and “warrant case” means a case relating to an offence
punishable with death, imprisonment for life or imprisonment for a term
exceeding two years.
2. Chance to Withdraw
In a warrant case a complaint cannot be withdrawn by the complainant
but in a summons case the complainant may withdraw the complaint
with the permission of the Magistrate.
3. Conversion
A warrant-case cannot be converted into a summons-case in the course
of the trial. However, a summons-case can be converted into a warrant-
case.
4. Chance to plead guilty
In a warrant-case, after the charge is framed, the accused may plead
guilty, and the Magistrate may, in his discretion, convict him. (S. 241),
while in a summons-case, if the accused pleads guilty, the Magistrate
must record the plea of the accused, and may, in his discretion, convict
him on such plea. (S. 252)
P a g e 1 | 118
, 5. Framing of charge
In a warrant-case, a charge is to be framed against the accused. In a
summons-case, no charge need be framed; only the particulars of the
offence of which he is accused must be conveyed to him.
6. Chapter
The procedure for trial of warrant-cases is contained in Chapter XIX of
the Code, whereas that for the trial of summons-case is to be found in
Chapter XX.
7. Opportunity to cross examination
In a warrant case, the accused gets more than one opportunity to cross-
examine the prosecution witnesses whereas in a summons case he gets
only one opportunity to cross-examine the prosecution witnesses.
8. Discharge of accused
A warrant case may result into discharge of the accused under Section
249 in the absence of the complainant but in a summons case, the result
would be acquittal of the accused under Section 256 of the Code.
9. Police Report
The Code of Criminal Procedure prescribes two procedures for the trial of a
warrant case by Magistrates, namely, one to be adopted by the Magistrate in
case instituted on a Police Report while the other in case instituted otherwise
than on a Police Report. But there is only one procedure prescribed for trial of
a summons case whether it is instituted on a Police Report or a complaint.
Q.2. Difference between cognizable and non-cognizable offence.
Cognizable Offence
The offence in which the police officer does not require any warrant to arrest
the accused and has the authority to begin an investigation without any
permission of the court is known as a cognizable offence. In such kind of
offences, once the accused is arrested, he/she will be produced before the
P a g e 2 | 118
,magistrate, in the stipulated time. As the crime is serious in nature, court’s
approval is implicit, in cognizable offences.
The first information report, commonly termed as FIR is lodged only in case of
cognizable crimes. Cognizable Offences are severe crimes which include
murder, rape, rioting, theft, dowry death, kidnapping, criminal breach of trust
and other heinous offences.
Non-Cognizable Offence
Non-cognizable offences are the offences listed under the first schedule of the
Indian Penal Code and are bailable in nature. When an offence is non-
cognizable, the police has no right to arrest the accused without a warrant, as
well as they are not entitled to start an investigation without prior approval of
the court. It includes crimes like forgery, assault, cheating, defamation, public
nuisance, hurt, mischief etc.
In non-cognizable offence judicial process initiates by lodging a criminal
complaint with the metropolitan magistrate, who then orders the concerned
police station to investigate the crime accordingly, after which a charge sheet is
filed with the court, which is followed by the trial. After the trial, the court will
pass orders regarding the issue of a warrant to arrest the accused.
1. Approval from court
The offence in which the cognizance of the crime is taken by the police on
its own, as it does not need to wait for court’s approval, is known as a
cognizable offence. On the other hand, non-cognizable offence, as the
name suggests, is the offence in which the police has no authority to
apprehend a person for crime on its own, as explicit permission of the
court is required.
P a g e 3 | 118
, 2. Needs of warrant
In cognizable offence, the police can arrest a person without any warrant.
As against this, a warrant is must in the case of non-cognizable offence.
3. Order of Court
In cognizable offence, court’s order is not required to start an
investigation. Conversely, in the non-cognizable offence, first of all,
court’s order should be obtained for undertaking an investigation.
4. Nature
Cognizable offences are heinous crimes in nature, whereas non-
cognizable offences are not so serious.
5. Example
Cognizable offence encompasses murder, rape, theft, kidnapping,
counterfeiting, criminal breach of trust, dowry death etc. On the
contrary, non-cognizable offences include offences like forgery, cheating,
assault, defamation and so forth.
6. Complaint
For a cognizable offence, one can file FIR or make a complaint to the
magistrate. Unlike, in case of non-cognizable offence one can only make
a complaint to the magistrate.
7. Investigation
If a Cognizable offence has been committed, a Police Officer can
investigate without the Magistrate’s permission while Under a Non-
Cognizable offence/case, in order to start the investigation, it is
important for the police officer to obtain the permission from the
Magistrate.
P a g e 4 | 118
Q.1. Difference between summons and warrant case.
Section 2(w) of code of criminal procedure provides that summon case means
a case relating to an offence, and not being a warrant case and Section 2(x) of
code of criminal procedure provides that warrant case means a case relating to
an offence punishable with death, imprisonment for life or imprisonment for
more than two years. As summon case is less serious in nature, the trial
procedure in such cases is not as elaborate as in warrant case.
1. Definition
Summons case” means a case relating to an offence and not being a
“warrant case” and “warrant case” means a case relating to an offence
punishable with death, imprisonment for life or imprisonment for a term
exceeding two years.
2. Chance to Withdraw
In a warrant case a complaint cannot be withdrawn by the complainant
but in a summons case the complainant may withdraw the complaint
with the permission of the Magistrate.
3. Conversion
A warrant-case cannot be converted into a summons-case in the course
of the trial. However, a summons-case can be converted into a warrant-
case.
4. Chance to plead guilty
In a warrant-case, after the charge is framed, the accused may plead
guilty, and the Magistrate may, in his discretion, convict him. (S. 241),
while in a summons-case, if the accused pleads guilty, the Magistrate
must record the plea of the accused, and may, in his discretion, convict
him on such plea. (S. 252)
P a g e 1 | 118
, 5. Framing of charge
In a warrant-case, a charge is to be framed against the accused. In a
summons-case, no charge need be framed; only the particulars of the
offence of which he is accused must be conveyed to him.
6. Chapter
The procedure for trial of warrant-cases is contained in Chapter XIX of
the Code, whereas that for the trial of summons-case is to be found in
Chapter XX.
7. Opportunity to cross examination
In a warrant case, the accused gets more than one opportunity to cross-
examine the prosecution witnesses whereas in a summons case he gets
only one opportunity to cross-examine the prosecution witnesses.
8. Discharge of accused
A warrant case may result into discharge of the accused under Section
249 in the absence of the complainant but in a summons case, the result
would be acquittal of the accused under Section 256 of the Code.
9. Police Report
The Code of Criminal Procedure prescribes two procedures for the trial of a
warrant case by Magistrates, namely, one to be adopted by the Magistrate in
case instituted on a Police Report while the other in case instituted otherwise
than on a Police Report. But there is only one procedure prescribed for trial of
a summons case whether it is instituted on a Police Report or a complaint.
Q.2. Difference between cognizable and non-cognizable offence.
Cognizable Offence
The offence in which the police officer does not require any warrant to arrest
the accused and has the authority to begin an investigation without any
permission of the court is known as a cognizable offence. In such kind of
offences, once the accused is arrested, he/she will be produced before the
P a g e 2 | 118
,magistrate, in the stipulated time. As the crime is serious in nature, court’s
approval is implicit, in cognizable offences.
The first information report, commonly termed as FIR is lodged only in case of
cognizable crimes. Cognizable Offences are severe crimes which include
murder, rape, rioting, theft, dowry death, kidnapping, criminal breach of trust
and other heinous offences.
Non-Cognizable Offence
Non-cognizable offences are the offences listed under the first schedule of the
Indian Penal Code and are bailable in nature. When an offence is non-
cognizable, the police has no right to arrest the accused without a warrant, as
well as they are not entitled to start an investigation without prior approval of
the court. It includes crimes like forgery, assault, cheating, defamation, public
nuisance, hurt, mischief etc.
In non-cognizable offence judicial process initiates by lodging a criminal
complaint with the metropolitan magistrate, who then orders the concerned
police station to investigate the crime accordingly, after which a charge sheet is
filed with the court, which is followed by the trial. After the trial, the court will
pass orders regarding the issue of a warrant to arrest the accused.
1. Approval from court
The offence in which the cognizance of the crime is taken by the police on
its own, as it does not need to wait for court’s approval, is known as a
cognizable offence. On the other hand, non-cognizable offence, as the
name suggests, is the offence in which the police has no authority to
apprehend a person for crime on its own, as explicit permission of the
court is required.
P a g e 3 | 118
, 2. Needs of warrant
In cognizable offence, the police can arrest a person without any warrant.
As against this, a warrant is must in the case of non-cognizable offence.
3. Order of Court
In cognizable offence, court’s order is not required to start an
investigation. Conversely, in the non-cognizable offence, first of all,
court’s order should be obtained for undertaking an investigation.
4. Nature
Cognizable offences are heinous crimes in nature, whereas non-
cognizable offences are not so serious.
5. Example
Cognizable offence encompasses murder, rape, theft, kidnapping,
counterfeiting, criminal breach of trust, dowry death etc. On the
contrary, non-cognizable offences include offences like forgery, cheating,
assault, defamation and so forth.
6. Complaint
For a cognizable offence, one can file FIR or make a complaint to the
magistrate. Unlike, in case of non-cognizable offence one can only make
a complaint to the magistrate.
7. Investigation
If a Cognizable offence has been committed, a Police Officer can
investigate without the Magistrate’s permission while Under a Non-
Cognizable offence/case, in order to start the investigation, it is
important for the police officer to obtain the permission from the
Magistrate.
P a g e 4 | 118
