What is a penal summons?

What is a penal summons?

Penal summons means a written order summoning a person or persons to appear before a court at a time and place named therein, instead of commanding an arrest. It shall contain a warning that failure to obey it will render the accused liable to arrest upon a warrant.

What is the difference between a summons and a subpoena?

A subpoena is a demand for evidence. It goes to a person, to make them testify, or produce evidence. So, when someone gets sued, they’re summoned into court. A civil summons starts a civil lawsuit between individuals, while a criminal summons can be used by the state to start a criminal case against an individual.

What is difference between summon and warrant?

A summon contains a judicial order to appear or produce a document or thing before the court, whose non-compliance will result in the issuance of warrant against that person. Conversely, a warrant is an official authorization to the law enforcement officer to arrest the accused and produce before the court.

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 is difference between discharge and 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 and the accused cannot be tried again for the same offence once he has been acquitted.

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 to do if police is not helping?

Write an application to the Superintendent of Police concerned, by post under clause 3, Section 154 and Section 36 of the Criminal Procedure Code who in case of a cognizable offence, can either investigate the case himself or direct any police officer subordinate to him to investigate the case.

What is a zero FIR?

Zero Fir is the mode of lodging FIR in any police station irrespective of the offense committed in that area or any other area. There is no restriction over the informant to lodge zero FIR.

What is the difference between FIR and NCR?

On an FIR, “First Investigation Report” and a section of the IPC is clearly mentioned, whereas on an NCR, “Non-Cognizable Report” is written.

What will be the procedure of zero?

But, in case of a Zero FIR, the FIR doesn’t get numbered or gets numbered as ‘0’. Upon registering it in a police station other than the jurisdictional police station, it gets transferred to the station with competent jurisdiction after conducting a preface investigation. [iv] This is how it gets the name ‘Zero’ FIR.

Can FIR be transferred from one state to another?

2008 A high court has no power to transfer an FIR from one state to another.

What do you mean by jurisdiction of a police station?

Police jurisdiction, generally, is contained to the areas within the city limits where the police officer is sworn. A police officer who works for a particular city would only be authorized to enforce the law within the city limits. This is referred to as territorial jurisdiction.

What is a charge sheet What does a court do after receiving a charge sheet?

Once the charge sheet has been submitted to a court of law, the court decides as to who among the accused has sufficient prima facie evidence against him to be put on trial. After the court pronounces its order on framing of charges, prosecution proceedings against the accused begin in the judicial system.

Can 498a case be transferred?

Yes, it can be transfered based on the previous transfer orders. If there is any threat or any health issues to accused the matter can be transferred.

Can husband file 498a against wife?

Yes. Any Indian wife and her relative can file 498a on her husband, his parents, sisters, brothers, grandparents, uncles, aunts, cousins, wives of brothers, and other relatives. 498a (dowry harassment case) leads to arrest without any verification or investigation.

How long does a 498a case take?

Because even if you don’t try to delay anything, a 498a case may run for 7-10 years at the minimum anyway.

What is law if 498a proved false?

Women use the weapons called Section 498A and Dowry Act to file a false complaint so as to attack their husband. Even if the complaint is false, the accused is presumed to be guilty until he or she proves innocence in the court. The maximum punishment if proven guilty is imprisonment for three years.