Quick answer
Under Section 2(1)(z) of the B.N.S.S., a warrant-case is a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years. Under Section 2(1)(x), a summons-case is any case that is not a warrant-case. So an offence punishable with up to three years is a warrant-case, while an offence punishable with imprisonment of two years or less is a summons-case. The test looks at the maximum punishment the law allows, not the sentence actually given.
The law
- Section 2(1)(z) B.N.S.S.: "warrant-case" means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years.
- Section 2(1)(x) B.N.S.S.: "summons-case" means a case relating to an offence, and not being a warrant-case.
- Section 274 B.N.S.S.: in a summons-case, the particulars of the offence are stated to the accused and he is asked whether he pleads guilty or has a defence; it is not necessary to frame a formal charge.
- Section 263 B.N.S.S.: in a warrant-case instituted on a police report, the Magistrate frames a written charge if there is ground for presuming the accused committed the offence, within sixty days from the date of the first hearing on charge.
- Section 282 B.N.S.S.: a summons-case for an offence punishable with imprisonment exceeding six months may be converted and re-heard as a warrant-case in the interests of justice.
Summons-case and warrant-case compared
| Point | Summons-case | Warrant-case |
|---|---|---|
| Maximum punishment | Imprisonment up to two years, or fine only | Death, life imprisonment, or imprisonment exceeding two years |
| Definition | Section 2(1)(x) B.N.S.S. | Section 2(1)(z) B.N.S.S. |
| Charge | No formal charge; particulars of the offence are stated (Section 274) | Formal written charge is framed (for example, Section 263) |
| First process on a complaint or report | Summons (Section 227(1)(a)) | Warrant, or summons if the Magistrate thinks fit (Section 227(1)(b)) |
| Trial procedure | Simpler and quicker | More detailed |
Key points
- Exactly two years is a summons-case; the law says "exceeding two years" for a warrant-case.
- The name does not mean the accused must be arrested on a warrant. Even in a warrant-case, Section 227(1)(b) lets the Magistrate issue a summons instead of a warrant if he thinks fit.
- Summary trials are an exception. Offences listed in Section 283 B.N.S.S., such as theft under Section 303(2) B.N.S. where the stolen property is worth not more than twenty thousand rupees, are tried summarily, and Section 285 applies the summons-case procedure to them even if the offence is a warrant-case.
- The classification decides the trial procedure. It is different from the cognizable and non-cognizable classification, which decides whether police may arrest without warrant.
Neha is accused of stealing a laptop worth sixty thousand rupees, an offence under Section 303(2) B.N.S. punishable with imprisonment up to three years for a first offence. Since three years exceeds two years, her case is a warrant-case and a formal charge will be framed. Armaan is accused of defamation under Section 356(2) B.N.S., punishable with simple imprisonment up to two years. Since two years does not exceed two years, his case is a summons-case, and the Magistrate only states the particulars of the offence to him.
Current law note
The two-year test is unchanged from the old CrPC, where the same definitions appeared in Section 2(x) (warrant-case) and Section 2(w) (summons-case). Section 274 B.N.S.S. (old Section 251 CrPC) adds a new proviso: if the Magistrate finds the accusation groundless, he must record reasons and release the accused, and the release has the effect of a discharge. For the wider structure of criminal trials, see B.N.S.S.: Complete Notes.
Exam point
Punishable with more than two years, life imprisonment or death = warrant-case (Section 2(1)(z) B.N.S.S.). Everything else = summons-case (Section 2(1)(x)).
