Criminal Procedure: Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
Summons Case and Warrant Case under the BNSS 2023
Summons Case and Warrant Case under the BNSS, 2023: Sections 2(1)(x) and 2(1)(z), the Trial Procedures in Chapters XX and XXI, and Conversion
The division between summons cases and warrant cases decides which trial procedure applies. It is the third of the three classifications in section 2 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and unlike the other two it is not recorded in a column of the First Schedule. It is worked out from the punishment prescribed for the offence, by a rule stated in two clauses that between them exhaust the field.
The practical difference is substantial. A warrant case proceeds through a formal charge, a right to seek discharge, and the separate recording of prosecution and defence evidence. A summons case dispenses with the charge altogether: the substance of the accusation is stated to the accused and he is asked whether he pleads guilty. The reason is proportionality. The elaborate machinery of a warrant case is justified by what the accused stands to lose, and would be disproportionate where the maximum sentence is short.
1. The Definitions
Sections 2(1)(x) and 2(1)(z), BNSS 2023 (x) “summons-case” means a case relating to an offence, and not being a warrant-case; (z) “warrant-case” means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years. |
The definition of a warrant case is positive and the definition of a summons case is residual, so the two are exhaustive and mutually exclusive: every case relating to an offence is one or the other. The test is the punishment prescribed by law for the offence and not the sentence the court expects to impose, so a case does not become a summons case because the court is minded to be lenient.
⚠ The two-year line Clause (z) requires the punishment to exceed two years. An offence punishable with imprisonment for exactly two years is therefore not a warrant case; it falls into the residual category and is a summons case. Where the offence is punishable with imprisonment or fine, the classification is determined by the imprisonment limb. Where an offence carries alternative punishments for different circumstances, the classification follows the maximum that could be imposed on the accusation as made. The expression used is “a case relating to an offence”, so where a single case relates to several offences the classification follows the gravest of them, and the whole case is tried as a warrant case. |
2. Where the Case Goes
Figure 1: The route from the classification to the applicable trial procedure
The classification does not by itself identify the court. That is done by the First Schedule, which states for every offence whether it is triable by the Court of Session, by a Magistrate of the first class, or by any Magistrate. The two work together.
Classification and court | Chapter | Sections | Character of the procedure |
|---|---|---|---|
Warrant case exclusively triable by the Court of Session | XIX | 248 to 260 | Committal under section 232; opening of the case by the prosecutor; discharge within sixty days of committal; charge within sixty days of the first hearing on charge; judgment within thirty days of arguments |
Warrant case triable by a Magistrate, instituted on a police report | XX, first branch | 261 to 266 and 271 | Discharge on the police report and documents; charge within sixty days; prosecution evidence; defence evidence; acquittal or conviction |
Warrant case triable by a Magistrate, instituted otherwise | XX, second branch | 267 to 273 | All prosecution evidence taken first; discharge if no case is made out; charge; defence evidence; acquittal or conviction; compensation for a groundless accusation |
Summons case | XXI | 274 to 282 | No charge; substance of the accusation stated; plea; evidence; acquittal or conviction; complaint may be withdrawn; the case may be converted |
Summons case fit for summary disposal, and the offences listed in section 283 | XXII | 283 to 288 | Summons-case procedure with an abbreviated record; no sentence of imprisonment exceeding three months |
3. The Warrant-Case Procedure: Chapter XX
Figure 2: The two branches of a warrant-case trial before a Magistrate
3.1 Cases instituted on a police report
The Magistrate begins under section 261 by satisfying himself that the documents required by section 230, namely the police report, the first information report, the statements and confessions recorded during investigation and the other documents on which the prosecution relies, have been supplied to the accused. Section 230 now requires that supply within fourteen days of the production or appearance of the accused, and requires supply to the victim as well.
Section 262 then provides for discharge. On considering the police report and the documents sent with it, and after examining the accused if he thinks necessary and hearing both sides, the Magistrate discharges the accused if he considers the charge groundless, recording his reasons. The application for discharge is to be made within sixty days of the supply of copies. If the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under the chapter and which he is competent to try, he frames a charge under section 263 within sixty days of the first hearing on charge.
📖 State of Orissa v. Debendra Nath Padhi, (2005) 1 SCC 568 Facts: The accused sought to produce documents at the stage of framing of charge in a warrant case instituted on a police report, contending that the material would show that no offence was made out and that the court was bound to consider it before framing a charge. Held: The Supreme Court held that at the stage of framing charge or of considering discharge the court is confined to the record of the case and the documents submitted with the police report. The accused has no right to produce material at that stage, and the expression “record of the case” does not include material produced by the defence. The court is to consider whether the material discloses grave suspicion against the accused which has not been properly explained; a roving enquiry into the merits is not permitted, and the defence material is to be considered at the trial. Ratio: Discharge and the framing of charge are decided on the prosecution material alone. The stage is one of sifting that material for a prima facie case, not of weighing it against the defence. |
The trial then follows the ordinary sequence. Section 264 permits conviction on a plea of guilty. Section 265 provides for the evidence for the prosecution, with the Magistrate empowered to permit cross-examination to be deferred. Section 266 provides for the defence, including the right to put in a written statement. Section 271 requires the Magistrate, on the conclusion of the trial, to record an order of acquittal or conviction.
3.2 Cases instituted otherwise than on a police report
Here the sequence is reversed, and the reversal is the most important structural feature of the chapter. Under section 267 the Magistrate first hears the prosecution and takes all the evidence produced in support of the prosecution. Only after that, under section 268, does he consider discharge: if he finds that no case against the accused has been made out which, if unrebutted, would warrant his conviction, he discharges him. Under section 269 he frames a charge if he is of opinion that there is ground for presuming that the accused has committed an offence. Section 270 provides for the defence evidence and section 271 for acquittal or conviction.
Two provisions have no counterpart in the first branch. Section 272 permits discharge where the complainant is absent on a date fixed for hearing, in cases where the offence may be lawfully compounded or is not cognizable. And section 273 empowers the Magistrate, on discharging or acquitting the accused, to order the complainant or informant to pay compensation where he is of opinion that the accusation was made without reasonable cause, after recording reasons and after giving that person an opportunity to show cause.
The difference in sequence reflects the difference in the source of the case. Where a police report is before the court, a body of material collected under statutory powers already exists and the Magistrate can sift it. Where the case begins on a private complaint there is no such material, so the prosecution must produce its evidence before the accused can be required to answer a charge.
4. The Summons-Case Procedure: Chapter XXI
The summons-case procedure is short, and its brevity is deliberate.
- Section 274. When the accused appears or is brought before the Magistrate, the particulars of the offence are stated to him and he is asked whether he pleads guilty or has any defence to make. It is not necessary to frame a formal charge.
- Section 275. If the accused pleads guilty, the Magistrate records the plea in his words as nearly as possible and may convict him on it, in his discretion.
- Section 276. Where a summons has been issued under section 229 and the accused desires to plead guilty without appearing, he may transmit the plea and the specified fine by post or electronic means.
- Section 277. If the accused is not convicted on his plea, the Magistrate proceeds to hear the prosecution and take the evidence produced in support, and then to hear the accused and take the evidence he produces.
- Section 278. The Magistrate acquits the accused if he finds him not guilty, and otherwise passes sentence or makes an order under the provisions relating to release on probation or admonition.
- Section 279. Where the proceeding was instituted on a complaint and the complainant does not appear on a day fixed for hearing, or has died, the Magistrate may acquit the accused, unless for reasons to be recorded he thinks it proper to adjourn.
- Section 280. A complainant may, with the permission of the Magistrate and on satisfying him that there are sufficient grounds, withdraw his complaint against the accused, whereupon the accused is acquitted.
- Section 281. In a summons case instituted otherwise than on a complaint, the Magistrate may, for reasons to be recorded, stop the proceedings at any stage without pronouncing a judgment, which operates as a discharge or an acquittal according to the stage reached.
📖 Associated Cement Co. Ltd. v. Keshvanand, (1998) 1 SCC 687 Facts: A complainant was absent on a date fixed for hearing in a summons case, and the Magistrate acquitted the accused under section 256 of the Code of Criminal Procedure, 1973 on that ground alone. The question was whether the absence of the complainant obliges the Magistrate to acquit. Held: The Supreme Court held that the section does not make acquittal automatic on the absence of the complainant. The Magistrate has a discretion, indicated by the word “may” and by the express power to adjourn for reasons recorded, and he must consider whether the personal attendance of the complainant is necessary on that day and whether the case can proceed in his absence. Mechanical acquittal on the first absence is an abdication of that discretion, and where a complainant is represented by counsel and his presence is not required, acquittal is not justified. Ratio: The power to acquit on the non-appearance of the complainant is discretionary and must be exercised judicially. The provision exists to prevent a complainant from keeping a case alive without prosecuting it, not to terminate proceedings on a single absence. |
5. Conversion of a Summons Case into a Warrant Case
Section 282, BNSS 2023 When in the course of the trial of a summons-case relating to an offence punishable with imprisonment for a term exceeding six months, it appears to the Magistrate that in the interests of justice the offence should be tried in accordance with the procedure for the trial of warrant-cases, he may proceed to re-hear the case in the manner provided by this Sanhita for the trial of warrant-cases and may recall any witness who may have been examined. |
The provision permits movement in one direction only: a summons case may be converted into a warrant case, but a warrant case may never be tried by the summons procedure. The reason is protective. Conversion gives the accused the fuller procedure, with a formal charge and the opportunity to seek discharge, so it enlarges his protection; the reverse would diminish it.
Three conditions must be satisfied. The offence must be punishable with imprisonment exceeding six months, which is a narrower band than the two-year line that defines a warrant case, so the power exists only in the upper part of the summons-case range. The Magistrate must form the opinion that the interests of justice require it. And he must re-hear the case, not merely continue it, with power to recall any witness already examined, so that the accused has the benefit of the warrant procedure from the beginning rather than from the point of conversion.
6. Summons Case and Warrant Case Compared
Point of comparison | Summons case | Warrant case |
|---|---|---|
Definition | A case relating to an offence and not being a warrant case: section 2(1)(x) | A case relating to an offence punishable with death, imprisonment for life or imprisonment exceeding two years: section 2(1)(z) |
Governing chapter | Chapter XXI, sections 274 to 282 | Chapter XIX for the Court of Session; Chapter XX for a Magistrate |
Formal charge | Not framed; the particulars of the offence are stated to the accused | A formal charge is framed under section 251, 263 or 269 |
Discharge | No provision for discharge; the case may be stopped under section 281 where it was not instituted on a complaint | Discharge is expressly provided for by sections 250, 262 and 268 |
Order of evidence | Prosecution evidence, then defence evidence, after the plea | Differs by branch: on a police report the charge precedes the evidence; otherwise all prosecution evidence precedes the charge |
Withdrawal of the complaint | Permitted with the leave of the Magistrate under section 280, resulting in acquittal | Not permitted; withdrawal from prosecution lies only under section 360 through the Public Prosecutor |
Absence of the complainant | The Magistrate may acquit under section 279, in his discretion | The Magistrate may discharge under section 272, in compoundable or non-cognizable cases |
Compensation for a groundless accusation | Not provided for in the chapter | Section 273, in cases instituted otherwise than on a police report |
Conversion | May be converted into a warrant case under section 282 where the punishment exceeds six months | Can never be converted into a summons case |
Summary trial | Available under Chapter XXII in the cases section 283 specifies | Not available, save for the specified offences within the summary list |
7. Key Takeaways
The position stated shortly 1. A warrant case relates to an offence punishable with death, imprisonment for life or imprisonment exceeding two years: section 2(1)(z). A summons case is any other case relating to an offence: section 2(1)(x). 2. The two are exhaustive and mutually exclusive, and the test is the punishment prescribed by law, not the sentence the court expects to impose. An offence punishable with exactly two years is a summons case. 3. Unlike the cognizable and bailable classifications, this one is not recorded in a column of the First Schedule; it is worked out from the punishment. 4. A warrant case exclusively triable by the Court of Session follows Chapter XIX after committal under section 232; a warrant case before a Magistrate follows Chapter XX. 5. Chapter XX has two branches. On a police report, discharge and charge are decided on the record under sections 262 and 263. Instituted otherwise, all the prosecution evidence is taken first under section 267 before discharge or charge is considered. 6. At the stage of discharge or framing of charge the court is confined to the prosecution material and the accused has no right to produce defence material: Debendra Nath Padhi. 7. A summons case is tried under Chapter XXI without a formal charge; the particulars of the offence are stated to the accused under section 274. 8. Acquittal on the non-appearance of the complainant under section 279 is discretionary and must be exercised judicially: Associated Cement Co. 9. Section 282 permits a summons case relating to an offence punishable with imprisonment exceeding six months to be converted into a warrant case and re-heard. The converse is never permitted. |
8. Frequently Asked Questions
What is a warrant case under the BNSS?
A case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years, under section 2(1)(z). Every other case relating to an offence is a summons case under section 2(1)(x).
Is an offence punishable with two years a summons case or a warrant case?
A summons case. Clause (z) requires the punishment to exceed two years, so exactly two years falls outside the definition of a warrant case and into the residual category.
Is a charge framed in a summons case?
No. Section 274 requires only that the particulars of the offence be stated to the accused and that he be asked whether he pleads guilty or has any defence, and it expressly provides that it is not necessary to frame a formal charge.
Can a warrant case be tried as a summons case?
No. Conversion under section 282 runs in one direction only: a summons case may be converted into a warrant case where the offence is punishable with imprisonment exceeding six months and the interests of justice require it. The reverse would reduce the protection available to the accused.
What is the difference between the two branches of Chapter XX?
In a case instituted on a police report the Magistrate decides discharge and frames the charge on the report and the documents supplied under section 230. In a case instituted otherwise he must first take all the evidence produced in support of the prosecution under section 267, and only then consider discharge and the charge.
Can a complainant withdraw a complaint?
In a summons case, yes, with the permission of the Magistrate under section 280, on satisfying him that there are sufficient grounds, and the accused is then acquitted. There is no corresponding provision in a warrant case; withdrawal from prosecution there lies through the Public Prosecutor under section 360.
Related Topics
- Bailable and Non-Bailable Offences under the BNSS, 2023
- Cognizable and Non-Cognizable Offences under the BNSS, 2023
- Trial of Warrant Cases by Magistrates: Chapter XX, BNSS
- Trial of Summons Cases by Magistrates: Chapter XXI, BNSS
- Summary Trials: Chapter XXII, BNSS
- The Charge: Sections 234 to 247, BNSS