Difference Between Summon and Warrant (With Table)

A trial is a legal proceeding in which two groups conflict. A judge always Takes a decision If the accused individual is guilty. When the accused individual declares that the accused is not guilty, a trial is held. Sessions, warrants, summons, and summary trials are the four forms of criminal proceedings. At the time a court case is presented before a court, the court is responsible for ensuring that the court conducts a fair trial. It is required for all parties engaged in the lawsuit to attend or be present. This is accomplished via the use of two procedures: summons and warrant.

Summon vs Warrant

The difference between a summon and a warrant is that summon requires the accused to be present in a law court or present a document before a judge. A warrant is a formal authorization issued to the policeman by a judge or magistrate.

A summon is just a type of court notice. It is a legal document sent to the defender team or observer team that is in agreement with the case is also called summon. It is issued in the type of a legal document that includes information such as the designation of the individual who registered the complaint and the designation of the defendant. When an aggrieved party files a court case in opposition of the suspect, a summon is issued. The court directs that a summons be issued to the defendant, notifying him or her that he or she is being sued and must appear in court. It can be given to anybody engaged in the lawsuit, whether directly or indirectly.

The warrant authorizes a police official to take the accused in custody, they can also search the whole surrounding, or confiscate property, among other things, to maintain the rule of law. It authorizes him or her to conduct a specified act. It would be prohibited since it may infringe on a citizen’s basic rights. It is allotted in writing and follows a certain format. It bears the court’s seal and contains the signature of the ruling officer. It includes information such as the Full name and post of the police officer. It also has a full name and little detail about the person to be taken into custody and also mentions the type of crime for which the warrant is allotted.

Comparison Table Between Summon and Warrant

BASIS FOR COMPARISONSummonWarrant
Meaning of both termsA lawful instruction allotted by court authority to the suspect or observer in a legal action is known as a summons.the warrant is a court-issued authorization that allows law enforcement officials to undertake an act that is not enclosed by their authority.
What does it haveA command to be present in the court or present a file or other item in the law court.Authorization for law enforcement officials to capture and bring the suspect in front of the judge.
Issued in the name ofthe defendant or a witness,Officer of the law
ObjectiveTo inform the individual of their legal responsibility to be present in the court.To call those who have disobeyed the summons and failed to appear in court.
ConversionA judge may turn a summon case into a warrant.It is not possible to transform a warrant case into a Summon.

What is Summon?

The summon is a lawful file that contains an order for the parties engaged in a case to appear or present any file or object before the judge. It could be understood just as a legalized file offered to a party in a case, such as a defendant or a witness.

summon is a written file that is duplicated and signed by the governing major of the relevant court or an officer designated by the high law court.

The summons is delivered to the suspect by a law enforcement officer, a court official, or by some civic employee. The summon referred to the observer, is served by registered mail, with the witness signing the acknowledgment letter upon receipt of the summon.

What is Warrant?

the warrant is a written authorization from a judge or magistrate that authorizes a Law enforcement officer to perform specified conduct that could be considered criminal because it violates individuals’ basic rights. The warrant is also used to capture someone, search their home, take their belongings, or conduct out any other action that is essential to preserve the rule of the law.

A warrant is written in a specific format, signed by the sovereign officer, stamped with the court’s seal. It includes the name and designation of the officer who will carry it out, and the Full name and a little info of the individual who will be arrested. It also states the offense that has been charged.

Main Differences Between Summon and Warrant

  1. The CCP establishes 2 approaches aimed at the trial of a warrant case by Magistrates, one for cases based on a report by a law enforcement officer and the other for cases based on other grounds. However, whether based on a report by a law enforcement officer or a complaint, only one procedure was followed in the hearing of a summons case.
  2. The process for summons cases is easier and faster. While the process for procurement of an official warrant is more difficult and time-consuming. Warrant cases deal with more serious offenses than summons cases.
  3. The accused in any warrant instance has many opportunities to re-check the trial observers. He only has one opportunity to re-check the trial observers in any summons case.
  4. Under the Code, the Magistrate always has the authority to transform a summon instance to a warrant instance. A warrant case, can not be turned into a summons case.
  5. In any summon situation, the suspect could file a plea of guilty by mail without his/her presence in front of the Magistrate after the summons is issued.

Conclusion

Summon and warrants are 2 legal papers that include a written instruction that orders the person listed in the document to be present in front of the court on the specified day, which is issued by a court once the case has been registered.

References

  1. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/wescrim20&section=13
  2. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/ucinlr27&section=7
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