Wednesday, 26 January 2022

difference between summons and warrant


Difference between summons and warrant.

By Swatee Shukla 

Most people think that summons and warrant are nearly the same things, but it is not, there is a vital difference between both. According to English, vocabulary Summon is a verb that means the order (someone) to be present. In layman’s language summons simply means an official demand to appear in a court. Summons can be issued by a court or sometimes by a police officer or commission. It may be issued to the accused, witness, or someone who has some sort of document related to the case. Provisions for the summon are provided in sections (61-69) of CrPC.  section 61 talks about forms of summons. Summons is always issued in two copies that is why it is called a summons and not summon. Summons may be served in three ways, personal service, extended service, and substituted service.  Section 62 how summons to be served.  Section 62 provides for personal service of summons which means if possible, summons should be given to the person himself, who has been summoned. In the landmark case of Karsanlal Danatram, 1868, it was held that the mere showing of a summon to a witness is not sufficient to service. Either the summons should be left with the witness or should be exhibited to him or a copy of it delivered or tendered to him. the tendered copy will be considered as sufficient service.  A duplicate copy will be provided to the person summoned and another copy, carrying the sign of summoned person will be kept as records. Now, suppose if the police come to your house to serve to summon to you, and you are not at your home that time, so now what, should police return without serving the summon, absolutely not, according to section 64 of CrPC, if the summoned person can not be found, then the summons can be handled to any adult male member of his family residing with him. And this type of service is called the substituted service of summoning. In the case of Nav Maharashtra Chakan oil mill ltd. V shivshati poultry form, it was held that sections 62,64 and 65 do not contemplate the issuance of summons to the accused by post, though permissible to witness.  In the case of service of summons on the corporate body, it can be served to the secretary, local manager, or another principal officer of the corporation or summons can be sent via post to the chief of the company. 

As the supreme court stated in the case of N.B. Mukherjee v. state of Bengal 1976- the summons is a milder form of process. It is either (a) for appearance or (b) for producing a document or thing. The summons for appearance may be issued to an accused person or witness. 

Provision for the warrant has been provided in sections (70-81) of CrPC. Summon is just an official demand to appear in a court whereas a warrant is a document issued by a legal or government official authorizing the police or another body to make an action. This document can be issued to present the accused or witness or some document, or for search (search warrant).

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