Here is a detailed explanation of the difference between a summons and a warrant under Indian law:
Summons vs. Warrant: A Detailed Comparison
| Basis | Summons | Warrant |
|---|---|---|
| Definition | A summons is a legal document issued by a court ordering a person to appear before it on a specified date and time. | A warrant is a written authority issued by a court directing the police to arrest a person and produce them before the court. |
| Nature | It is a command to appear voluntarily. | It is a coercive process involving arrest. |
| Purpose | To secure the attendance of the person at court proceedings. | To compel the presence of a person who has evaded summons or is accused of a serious crime. |
| Applicable Law | – Civil Procedure Code (CPC), 1908: Order 5 (civil matters) – Criminal Procedure Code (CrPC), 1973: Sections 61–69 (criminal matters) | – Criminal Procedure Code (CrPC), 1973: Sections 70–81 |
| Issued Against | Any party (plaintiff, defendant, accused, witness) | Usually against an accused person, and sometimes a witness (if he avoids summons repeatedly) |
| Execution | Delivered personally or by registered post, process server, or electronic means | Executed by the police or other designated officers with authority to arrest |
| Presence of Police | Police are not required for execution. | Police are involved, and may use force if necessary. |
| Response Expected | Person must appear voluntarily before the court. | Person is arrested and brought before the court. |
| Failure to Comply | May lead to issuance of a warrant of arrest. | May lead to forcible arrest, and even proclamation and attachment of property if person absconds. |
| Types | Only one type: appearance summons | Two main types: 1. Bailable Warrant (person can be released on bail) 2. Non-Bailable Warrant (arrest without bail until court orders) |
| Example of Use | A defendant in a civil suit is summoned to file a reply. | An accused in a criminal case does not appear even after being summoned; the court issues a non-bailable warrant. |
Legal Provisions Referenced
Summons:
- Criminal Law: Sections 61 to 69 of the CrPC
- Civil Law: Order 5 of the CPC
Warrant:
- Criminal Law: Sections 70 to 81 of the CrPC
Practical Example
- Summons Case:
A person files a cheque bounce case under Section 138 of the NI Act. The court issues a summons to the accused to appear and explain his side. - Warrant Case:
If the accused does not appear despite repeated summons, the court may issue a non-bailable warrant under Section 70 CrPC to ensure the accused is arrested and brought to court.
FAQs on Summons vs Warrant
Q1. Can a summons lead to arrest?
No, a summons is only an order to appear. But if you ignore it, the court may later issue a warrant which can lead to arrest.
Q2. Can a warrant be issued without issuing a summons first?
Yes, in serious offences or when the court believes the person may abscond, it may directly issue a non-bailable warrant without summoning first.
Q3. Can a summons be challenged?
You cannot directly challenge a summons, but you can appear and contest the case, or file for quashing of proceedings under Section 482 CrPC in High Court.
Q4. Can I get bail if a warrant is issued against me?
If it is a bailable warrant, you may be released after furnishing bail. If it is a non-bailable warrant, you will need to apply for regular bail after arrest.
Important: Kindly Refer New Corresponding Sections of Bharatiya Nyaya Sanhita 2023, (BNS); Bharatiya Nagarik Suraksha Sanhita 2023, (BNSS); & Bharatiya Sakshya Adhiniyam 2023, (BSA) for IPC; CrPC & IEA used in the article.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304