What is a summons case?

What is a summons case?

“Summon case” means a case relating to an offence, not being a warrant case[1]. Summon cases can be referred from the definition of the warrant case i.e., offences punishable with death, imprisonment for life and imprisonment for the terms exceeding two years called as warrant cases[2].

What’s the difference between a summons and a warrant?

Like a summons, a warrant is also a written order issued by a court after the filing of a criminal or traffic complaint, but unlike a summons, a warrant requires the police to arrest the person named in the warrant.

How is a summons case different from a warrant case?

Difference between summon case and warrant case. 1. In a warrant case, the accused gets more than one opportunity to cross- examine the prosecution witnesses. While in a summons case he gets only one opportunity to cross-examine the prosecution witnesses.

What are warrant cases?

Warrant case means a case relating to an offence punishable with death, imprisonment for life, or imprisonment for a term exceeding two years. They are usually the cognizable offences which are serious or grievous in nature and in which the police arrests without warrant.

What are the essentials of complaint?

The main essentials of a complaint are:

• The allegation must be made to a Magistrate and not to a judge.
• The allegation must be made with a view to the Magistrate’s taking action under the Code.
• The allegation must be that an offence has been committed.
• The allegation must be made orally or in writing.

What is a warrant trial?

Warrant cases means the cases which are a more serious offence that is punishable with death, life imprisonment or imprisonment for a term exceeding two years. The trials of warrant cases are conducted by the Court of Session or by Magistrate.

Can accused be discharged in summons case?

The trial of summons case is dealt under Chapter XX of the Criminal Procedure Code, 1973 (hereinafter “CrPC”). There is no special section which exclusively provides for discharge of an accused in summons triable cases.

What does it mean to be discharged and acquitted?

It is an order of court which totally frees a suspect who has been tried and found not guilty of the alleged crime. Once an accused person is discharged and acquitted, he cannot be re-arrested and re-tried for that same offence.

What does discharged mean in court?

A discharge is a type of sentence imposed by a court whereby no punishment is imposed. In some jurisdictions, an absolute discharge means there is no conviction on the defendant’s record, despite the plea of the defendant.

What does discharge not amounting to acquittal mean?

Discharge amounting to an acquittal (DAA) – an accused is acquitted of the crimes he allegedly commits; or. Discharge not amounting to an acquittal (DNAA) – an accused can be hauled back to court for retrial.

What is acquittal in CRPC?

Acquittal in general terms means that the accused is innocent and has not committed the offence he/she was accused of. It implies that no evidence has been brought up to prove that the accused has carried out an offence as per the Code of Criminal Procedure, 1973.

What happens after acquittal?

An acquittal results from a not guilty verdict and cannot be appealed by the prosecution, overturned by the judge, or retried. When there is a mistrial, however, the case may be retried. Since the 1824 case of United States v.

What is difference between FIR and complaint?

The main point of difference between a first information report and a police complaint is that an FIR relates to a cognizable offense whereas a police complaint can be filed for both cognizable and non-cognizable class Aof offenses. Whereas the FIR is usually in a pre-defined format.

What is the effect of errors in the charge?

„in the case of an error, omission or irregularity in the charge, the court may direct a new trial to be held upon a charge framed in whatever manner it thinks fit; provided that if the Court is of the opinion that the facts of the case are such that no valid charge could be preferred against the accused in respect of …

What happens if FIR is filed against govt employees?

If after registering FIR a government employee remains in police custody for 48 hours then his departmental authority will suspend him with immediate effect. If he proves guilty in court trial and get convicted then his departmental authority will terminate his services.