INTRODUCTION

What is an
Offence?
A violation of a penal law is an offence. Thus, any act which is
deemed as an offence by any law is an offence. In general, such an act
which causes violation of rights of others or cause harm to others and is
so dangerous that it also affects the society at large is designated as an
offence.​1

Section 2(n) of CrPC defines an offence

as​2​:

"Offence" means any act or omission made punishable by any law

for the time being in force and includes any act in respect of which a
complaint may be made under section 20 of the Cattle-trespass Act,
1871 (1 of 1871).

Classification of
Offences​3

Under the Criminal Procedure Code, offences can be classified on the

basis of the following three criterions;

❖ Cognizable and Non - cognizable offences ❖ Bailable and Non -

bailable offences ❖ Offences which will invoke a summons case and
Offences which will
invoke a warrants
 case.

Cognizable and Non-Cognizable

offences

Cognizable and non-cognizable offences Cognizable offences have

been defined in Criminal Procedure Code as follows; " `cognizable offence'
means an offence for which, and `cognizable case' means a case in which,
a police officer may,

https://lawrato.com/indian-kanoon/criminal-law/what-is-a-bailable-and-non-bailable-offence-in-in

dia- 613
​ ​(visited on Sept 19, 2019) ​2 ​The Code of Criminal Procedure, 1973 3​

http://swapsushias.blogspot.com/2014/01/classification-of-offences-as-per-crpc.html#.XYMnOig

zbIU (visited
​ on Sept 19, 2019)
in accordance with the First Schedule or under any other law for the time
being in force, arrest without warrant".
A non-cognizable offence has been defined in Criminal Procedure
Code as follows, "`non-cognizable offence' means an offence for which,
and `non-cognizable case' means a case in which, a police officer has no
authority to arrest without warrant".

Now which offence falls under the category of cognizable offences and
which falls under the category of non-cognizable offences can be
determined as per the classification given in the ​First Schedule of the
Criminal Procedure Code. ​The First Schedule has classified all acts
punishable under the Indian Penal Code, 1860 into Cognizable and
non-cognizable offences. Although the Code in itself does not give any
reasoning as to this classification, certain patterns can be traced if the First
schedule is studied carefully. All offences which have a punishment of more
than 3 years under the Indian Penal Code are considered to be cognizable
offences and all offences which have a punishment of less than 3 years are
non-cognizable offences. Subsequently, it can be deduced that
non-cognizable offences are relatively less serious in nature than
cognizable offences.
Consequently, ​in case of cognizable offences, the police officers
can arrest the accused person without any warrant ​or authority issued
by a magistrate. They can initiate investigation on their own accord and
they needn't wait for the prior permission of a magistrate. In fact, they have
a legal duty to initiate investigations. "No proceeding of a police officer in
any such case shall at any stage be called in question on the ground that
the case was one which such officer was not empowered under this section
to investigate."

On the other hand, police officers necessarily ​need prior permission

of a magistrate to initiate investigations in cases of non-cognizable
offences​. Non cognizable offences are considered more in the nature of
private wrongs and therefore the collection of evidence and the prosecution
of offender are left to the initiative and efforts of private citizens.

Bailable And Non-Bailable

offences

Criminal Procedure Code defines bailable and non-bailable offences

as "an offence which is shown as bailable in the First Schedule, or which is
made bailable by any other law for the time being in force; and
"non-bailable offence" means any other offence" In here too, the code does
not give any reason as to on what criteria has such classification been
based upon. It just lays down a seemingly arbitrary
classification of the same. However, it can be logically deduced that ​all
serious offences are non-bailable whereas all less serious offences
are bailable.

Similarly, all offences which have a punishment of more than 3 years

under the Indian Penal Code are considered to be non-bailable offences
and all offences which have a punishment of less than 3 years are bailable
offences. This too is subject to the exception of existence of a contrary law.
If a person accused of a bailable offence is arrested or detained without
warrant he has a right to be released on bail. In case he is accused of a
non-bailable offence, then his bail is subject to the discretion by the
authorities.

Warrant Case And Summons

Case

According to the Criminal Procedure Code, ​a warrant-case "means

a case relating to an offence punishable with death, imprisonment
for life or imprisonment for a term exceeding two years "​.

According to the Criminal Procedure Code, ​"a summons case

means a case relating to an offence, not being a warrant case".

This classification helps to determine the type of trial procedure to be

adopted in the case. Naturally, the trial procedure in case of a warrant case
is much more elaborate than that of a summons case. This classification is
also useful at the stage of issuing process to the accused person in the first
instance.
Cognizable and Non – Cognizable
Offences

The Code of Criminal Procedure has not given any guidelines to

determine whether a particular offence is cognizable or non-cognizable.
However, the Code contains the Schedule I which refers to all the
offences under the Indian Penal Code and puts them into cognizable and
non-cognizable categories. The Schedule operates as a law and the
same power may be conferred by another statute​.4​

As per Section 2(c) of the Code of Criminal

Procedure​5​,

“‘cognizable offence’ means an offence for which a police officer

may, in accordance with the First Schedule of the Code or under any
other law, arrest without warrant.​ ”

According to Section 2(l) of the Code of Criminal

Procedure​6​,

“‘non-cognizable offence’ means an offence for which a police

officer has no authority to arrest without warrant.​ ”

Arrest is a tool in the hands of a police officer to prevent the

accused from escaping the clutches of law. It helps the police officer to
prevent further commission of offence as a precautionary method. A
warrant is a written order issued by a magistrate to a police officer
commanding him to arrest a person. In most serious crimes there may not
be sufficient time to obtain a warrant from the Magistrate. By the time
police officer obtains warrant the accused may escape. So the necessity
to obtain warrant is not required in serious crimes. Thus, it can be
concluded that cognizable offences are serious crimes and non –
cognizable are less serious crimes.

In case of a cognizable offence, a police officer can arrest the

alleged culprit without warrant and can investigate into such a case without
any orders or directions from a Magistrate. The law not only allows the
police officers to wield these powers but also enjoins them to exercise the
same in respect a cognizable

http://www.shareyouressays.com/knowledge/classification-of-offences-under-indian-criminal-laws/11
9358 (visited
​ on Sept 19, 2019) ​5 ​Supra ​Note 2 6​ ​Supra N
​ ote 2
case. In case of a cognizable offence, it is the responsibility of the State
(and the police) to bring the offender to justice.​7

Where the offence is not cognizable according to the First Schedule

of the Code or it has not been made cognizable by the Act creating it, it
would not be considered as cognizable simply on the ground that for the
commission of such offence under certain circumstances the police is given

the power to arrest without warrant. ​In case of a non-cognizable offence,

generally speaking a police officer cannot

​ arrest without a warrant,​8 ​and
secondly, such officer has neither the duty nor the power to investigate into
such an offence without the authority given by a Judicial Magistrate.
Exceptions apart, the non – cognizable offences are considered more in
the nature of private wrongs and therefore the collection of evidence and
the prosecution of the offender are left to the initiative and efforts of private
citizens. However, if a Judicial Magistrate considers it desirable that a non
– cognizable case should be investigated into by the police, he can order
the police to do so. In that case the police officer will have all the powers in
respect of investigation (except the power to arrest without warrant) as he
would have exercised if the case were a cognizable one.​9

In India crimes like rape, murder, etc. are considered as

cognizable unlike offences like public nuisance, hurt, etc.​10
​
In case of ​Lalita Kumari v. Govt.Of U.P. & Ors.11 ​ on Nov. 12​th​, 2013
Hon’ble C.J. P. Sathasivam said that it was mandatory for the police to
register the First Information Report for all complaints in which a
cognizable offence has been discovered.
7​
Pillai K. N. Chandrashekharan, ​Criminal Procedure​, EBC, Sixth Edition, Pg., 33 8​ ​But

according to Sec. 42 of CrPC, if a non- cognizable offence is committed in the presence of a

police officer,
​ and the person committing the offence refuses to give his name and address,
the police officer can arrest him without warrant with a view to ascertain his real name and
address. ​9 ​Kelkar R.V., ​Criminal Procedure, ​EBC, Sixth Edition, Pg., 33 10
​

https://www.scribd.com/document/376722787/crpc ​(visited on Sept. 24​th​, 2019) 11

​ ​(2008) 14

SCC 337
The Section 154 of the CrPC​12​, 1973
states that

154. Information in cognizable

cases.

​ very information relating to the commission of a cognizable offence, if

(1) E
given orally to an officer in charge of a police station, shall be reduced to
writing by him or under his direction, and be read Over to the informant;
and every such information, whether given in writing or reduced to writing
as aforesaid, shall be signed by the person giving it, and the substance
thereof shall be entered in a book to be kept by such officer in such form
as the State Government may prescribe in this behalf.

​ copy of the information as recorded under sub- section (1) shall

(2) A
be given forthwith, free of cost, to the informant.

​ ny person aggrieved by a refusal on the part of an officer in charge of

(3) A
a police station to record the information referred to in subsection (1) may
send the substance of such information, in writing and by post, to the
Superintendent of Police concerned who, if satisfied that such information
discloses the commission of a cognizable offence, shall either investigate
the case himself or direct an investigation to be made by any police officer
subordinate to him, in the manner provided by this Code, and such officer
shall have all the powers of an officer in charge of the police station in
relation to that offence.

Any Magistrate of the First Class and any Magistrate of the Second
Class may take cognizance of any offence. Section 190 -199 of the code
describe the methods by which, and the limitations subject to which,
various criminal courts are entitled to take cognizance of offences.​13

What is taking cognizance has not been defined in the Code.

Therefore, in the case of ​Ajit Kumar Palit v. State of West Bengal14​ ,​ t​ he
Hon’ble Court said that the word ‘cognizance’ has no esoteric or mystic
significance in Criminal Law or procedure. It merely means ‘become aware
of’ and when used with reference to a court or judge ‘to take notice
judicially’.

In case of ​P. Kunhumuhammed v. State of Kerala​15​, it was said:

the report of a police officer following an investigation contrary to S.
155(2)(3) could be

12 ​
Supra ​Note 2 13
​

​ ote 11 14
Supra N ​ ​1963

​ ​1981 Cri
AIR 765 15

LJ 356 Ker HC
treated as complaint under S. 2(d) and S. 190(1)(a) if at the
commencement of the investigation the police officer is led to believe that
the case involved the commission of a cognizable offence or if there is a
doubt about it and investigation establishes only commission of a non –
cognizable offence. If t the commencement of the investigation it is
 apparent that the case involved only commission of a non – cognizable, the
report followed by the investigation cannot be treated as a complaint under
S. 2(d) or S. 190(1)(a) of the Code.

The following are the points for comparison between Cognizable and
Non-

Cognizable
Offences:

considered as
S.NO Basis
cognizable.
of
The seriousness of the
Differen
ce offences depends upon
zable Offence Non-Cognizable Offence
the maximum

punishment provided
for
1 ​Meaning ​The offence in which the
the
cognizance of the offence
crime is The offence in which the

taken by the police on police has no authority to

its
arrest a person on its own
own, as it does not
have and requires the
permission
to wait for a court’s
of the court for the same.
approval. Generally, all
Generally. Less serious
the serious offences
are offences are considered
as
 non-cognizabl cases cannot arrest
e. without
A 2 ​Report ​A FIR is registered in these
warrant
DDR is filed in these
.
types

5 ​Local laws ​The offences punishable

cases under section
154 of
with imprisonment for
of
offences. not less than three
years
CrP
C. are taken as serious

3 ​Nature ​These offences are offences and are made

related to the public cognizabl

e
crimes The offences punishable
. with
These offences are
related to imprisonment for less than

the private three years are taken as

crimes. less

serious offences and are

4 ​Arrest ​The police officer in these made

non-cognizable
cases can arrest
without

warrant 6 ​Direction of
.
The police officer in these Cou
 rt miscarriage
olice officer can
2)
The police officer has no
Voluntarily
The police officer has no
3)
gate into such a Rape
power to investigate into
4)
power to investigate into
Sedition
case without any
5) Attempt to
such a case without the
murder
directions from a
6) Attempt to commit
court.
directions of the suicid
court. e
causing
7 Examples ​Examples of cognizable hurt

offence 3)
s: Mischief

1) 4)
Stalking Forgery

2) Murder 5)
Examples of non- Bigamy

6)
cognizable
offence: Adultery

1) Causing

Bailable and Non – Bailable

 Offences

The Cr. P.C. classifies offences into two categories - bailable and
non- bailable. The classification is done mainly on the basis of the gravity
of the offence and the punishment provided for such offence. Generally
speaking, a bailable offence is considered to be less grave and serious
than a non-bailable offence.​16

Bailable and non-bailable offences are defined in clause (a) of S.

2 of the Cr. P.C., as under:

“(a) “bailable offence” means an offence which is shown as

bailable in the First Schedule, or which is made bailable by
any other law for the time being in force; and “non-bailable
offence” means any other offence;”17​

It consists two parts, first relates to the offences under the Indian
Penal Code and the second one relates to offences under other laws. The
second part says that the offence punishable with imprisonment for less
than three years or fine only, shall be bailable. The code has not given any
particular criteria to determine whether an offence is bailable or not.

It is pertinent to point out that individual offences under IPC have

been specifically declared as bailable or non-bailable in the first part of the
first Schedule to Cr. P.C. to find out whether that offence is bailable or
non-bailable; however, in the absence of any such declaration under such
parent Act, the general rules mentioned in the second part of the first
Schedule to Cr. P.C. have to be referred to, for deciding whether that
offence is bailable or non-bailable.​18

Criminal Procedure Code has classified offences into two groups,

namely bailable and non-bailable depending on the gravity of the
offences and the punishment pre-Criminal Procedure Code (of 1898)
(now, see under Ss. 436 to

16​
http://webcache.googleusercontent.com/search?q=cache:http://shodhganga.inflibnet.ac.in/bits

tream /10603/7790/8/08_chapter%25202.pdf
​ ​(visited on Sept 29​th​, 2019) ​17 ​Supra ​Note 2 18
​

​ ote 17
Supra N
450 of Cr. P.C. of (1973)). The main provision relating to bail in bailable
cases is contained in Section 496, Criminal Procedure Code (of 1898) and
that relating to non - bailable cases is given in Section 497, Criminal
Procedure Code (of 1898).​19

The classification of offences into the two categories of bailable and

non- bailable offences may perhaps be explained on the basis that bailable
offences are generally regarded as less grave and serious than
non-bailable offences. On this basis it may not be easy to explain why, for
instance offences under Ss. 477, 477A, 475 and 506 of the Indian Penal
Code should be regarded as bailable whereas offences under S. 379
should be non-bailable. However, it cannot be disputed that S. 496 of Cr.
P.C. (of 1898) recognizes that a person accused of a bailable offence has
a right to be enlarged on bail.​20

Bailable offences have been defined under clause (a) of Section 2,

Cr.P.C. which means offence which is shown as bailable in the first
Schedule, or which is made bailable by any other law for the bail being in
force and “non - bailable offence” means any other offence. The first
Schedule of Cr. P.C. consists of two parts, the first part is regarding the
offences under the I.P.C. and second part is regarding offences against
other law. The second part provides that if the offence is punishable with
imprisonment for less than three years of fine only it shall be bailable and
can be tried by any Magistrate.​21
 Section 4(1) (b) of Cr. P.C. (of 1898) defines bailable offence:
bailable offence means an offence shown as bailable in the second
schedule, or which is made bailable by any other law for the time being
in force; and “non-bailable offence” means any other offence.​22

What is
Bail?

Bail is an instrument which is used to ensure the presence of an accused

whenever required by the court. CrPC does not define the term Bail, but
essentially, Bail is an agreement in which a person makes a written
undertaking to the court to appear before it whenever required and comply
with any conditions set out in the

19 ​
http://shodhganga.inflibnet.ac.in/bitstream/10603/7790/8/08_chapter%202.pdf ​(visited on Sept 29​th

​ ​Ibid ​21 ​Supra Note 20 22

2019) 20 ​ ​Supra ​Note 20

agreement. He/she also assures to forfeit a specified sum of money if

the person fails to comply with any terms and conditions of the
agreement.​23

​ ​, the Supreme Court held that bail covers

In ​Moti Ram v. State of M.P​.24
both release

on one’s own bond, with or without

sureties.

Who has the power to grant

Bail?
 The police officer in charge of the defendant has the power to
grant bail if they feel it is in the best interest to release the suspect on
bail while they further investigate the offence. This would mean that the
defendant is released from custody and will have to wait to attend Court
for their hearing.​25

The police officer responsible for the defendant has the power to
grant a conditional bail, which may include the suspect having to surrender
their passport, report to the station at regular intervals, or assign a person
close to them to stand in as a surety.​26

When and when cannot a bail be

granted?
As mentioned earlier, the purpose of bail is to ensure the appearance
of an accused before the Court whenever required. However, granting bail
is not advisable in all cases. For example, a murder, if let loose, may try to
intimidate the witnesses, or he may even abscond altogether. This is very
bad for the society in general and reflects bad on the justice system. Thus,
various rules and procedures have been formulated to make sure that only
the deserving are released on bail. They try to achieve a balance the rights
of accused and the protection of the society and effectiveness of the justice
system.​27

The working of the bail system in India was highlighted in the case of
Hussainara Khatoon & Ors vs Home Secretary, State Of Bihar28 ​ .​ ​It
came to the

23 ​
Supra ​Note 1 24
​ ​1978 SCC 25
​

https://www.armstrongbailbonds.net/bailable-and-non-bailable-offences/ ​(visited on Sept 29​th​,

​ ​Ibid ​27 ​Supra N

2019) 26 ​ ote 11
28 ​
1979 AIR

1369
courts notice for the first time that thousands of people were rotting in jails
for 3 to 10 years for petty crimes which do not have a punishment more
than 6 months to a year. This was because they were unable to pay bond
money for bail and the courts were too backlogged to hear their cases. In
this respect, ​J. Bhagwati ​observed that the courts must abandon the
antiquated concept under which pretrial release is ordered only against bail
with sureties.

Thus, in general, the intention of the justice system is to give bail and
not jail before the accused is convicted. It is said that since the accused is
presumed innocence, he must be released so that he can fight for his
defense. Thus, releasing a person on bail is a rule, while denying bail is an
exception.​29

Provisions for Bail can be categorized by the type of offence

committed i.e., bailable offence or non - bailable offence.​30

Bail for Bailable

offences –

A person accused of a bailable offence can demand to be released

on bail as a matter of right. This is provided by Section 436 of Cr.P.C.

The provisions that govern the case of bail in bailable offences are
Section 436, 50(2), 440(1) and 436A of Cr.P.C.

As per section 436 of CrPC whenever a person accused of a bailable

offence is arrested without a warrant and is prepared to give bail, such
person shall be released on bail. The discretion to decide the bail amount
is with the court or with the officer as the case maybe.
 The accused maybe released on bail, on executing a bail bond, with or
without furnishing sureties. The bail bond may contain certain terms and

conditions, such as: ​a. The accused will not leave the territorial jurisdiction

of the state without the

permission of court or the police officer. b. The accused will not
tamper with any evidence. c. The accused shall be present before the
police officer whenever asked for.

29 ​
Supra ​Note

​ ​Supra
11 30

Note 11
On Non-compliance with the bail bond the court is empowered to
refuse the bail to an accused.

In the case of ​Rasik Lal v. Kishore31​ ​, Supreme Court held that, in case
a person is arrested for a bailable offence, his right to claim bail is absolute
and if the person accused is prepared, the court or the police as the case
maybe will be bound to release him on bail.

In the case of ​Sanjay Chandra v. CBI32​ ​ , it was held that by the

Supreme Court that the principal purpose of bail is to ensure that the
accused person will return for trial, if he is released after arrest.

Bail for Non – Bailable

Offences –

When a person is detained for a non – bailable offence, he cannot

demand to be released on bail as a matter of right. He can, however,
request the court to grant bail. The provisions in this case are governed by
Section 437 of Cr.P.C.

A person accused of a Non-Bailable Offence doesn’t have a right to

bail but can be granted at the discretion of the court, subject to certain
conditions mentioned in section 437 of CrPC. If at any stage of the
investigation it appears to the court that there are reasonable grounds for
believing that the person has not committed a non-bailable offence, the
person maybe released on bail at the discretion of the court on execution
of a bond.
Further, in the case triable by magistrate, if the trial of a person
accused with a non-bailable offence is not concluded within a period of
sixty days, such person will be released on bail. The condition is that the
person needs to be in the custody during the whole period. If bail is not
granted to that person the reason for the same has to be reduced in writing
by the magistrate. Lastly, if the person accused of a non-bailable offence is
granted bail because of the reasons mentioned above, the authority
granting the same will have to record the reasons in writing.

The court may require the accused to execute a bail bond

with some stringent conditions. The court may refuse bail if:

a. Bail bond has not duly been executed. b. The accused has
attempted to abscond and his credentials are doubtful.

31 ​
(2009) 4 SCC

​ ​AIR 2012
446 32

SC
c. If the offence committed in one which imposes punishment of death
or life
imprisonment, such as murder or
 rape.

In the case of ​Talab Haji Hussain v. Madhukar Purshotam

Mondkar​33​, the Supreme Court held that grant of bail in non-bailable
cases is generally a matter in the discretion of the authorities in question.

The Hon’ble Supreme Court, in the case of ​Gudikanti

Narasimhulu And Ors vs Public Prosecutor​34​, h ​ as given a set of
considerations that must be given while giving bail in case of non –
bailable offences. These are –

1. The nature of the crime 2. The nature of the charge, the

evidence, and possible punishment 3. The possibility of
interference with justice 4. The antecedents of the applicant
5. Furtherance of the interest of justice 6. The intermediate
acquittal of the accused 7. Socio – geographical
circumstances 8. Prospective misconduct of the accused 9.
The period already spent in prison 10. Protective and
curative conditions on which bail might be
granted
35
 33 ​
​ ​1978
AIR 1958 SC 376 34 ​
AIR 429 35

http://www.lawyersclubindia.com/articles/The-basic-rules-for-grant-or-denial-of-bail-under-Cr

PC- 8996.asp
​ ​(visited on Sept 29​th ,​ 2019)
The following are the points for comparison between Bailable and
Non-Bailable

Offence
s:

S.NO Basis severity and for which

the
of
accused has a right to
Differen be
ce
le Offence Non-Bailable Offence released on
bail.
A Non-Bailable Offence is
a
1. ​Meaning ​A Bailable Offence is an
serious offence and for it,
offence of relatively the
less
 accused cannot demand imprisonment for
to less

be released on bail as a than three years

right. are

considered as
Bailable
2 ​Nature ​These offences are less
Offence
grave, less serious s.
and Offences punishable with
private in imprisonment for three
nature.
These offences are grave, years or more than three

serious and public in years are considered as

nature. Non-

Bailable
Offences.
3 ​Right to Bail ​In these offences, bail can
5 ​Examples ​Examples of Bailable
be granted by the
police offence
:
as a matter of
Examples of non-bailable
right.
In these offences, it is the offence
s:
discretion of the court to
1) Being a member
grant of
bail.
an
unlawful
4 ​Local Laws ​Offences punishable with
 to
assemb
ly Public
servant
2) Voluntarily
1)
causing
Sedition
Hurt
2) Murder
.
3) Abetment to
3) Furnishing
suicide
false
4) Dowry
informatio
death
n

4) Threat of injury
Summon Cases and Warrant
Cases

Section 2(w) ​of Cr.P.C. defines ​Summon

Cases ​as​:

"summons- case" means a case relating to an offence, and not

being a warrant- case​36

Section 2(x) ​of Cr.P.C. defines ​Warrant

Cases ​as:

"warrant- case" means a case relating to an offence punishable with

death, imprisonment for life or imprisonment for a term exceeding two
years​37

Broadly speaking, their classification of the offences for the purpose

of applying these different sets of provisions was according to the gravity
of the offences, though in classifying the offences fit for summary trial the
experience and power of the trying Magistrate was also taken into
consideration. The net result of these provisions is that offences which are
summarily triable can be more speedily tried that summon cases, summon
cases can be more speedily tried than warrant cases, and warrant cases
can be more seedily tried than session cases. ​The framers ​of the code
appear to have been generally of the view that the graver the offence the
more elaborate should be the procedure for its trial.

Definition of
Summon​38

In law, the Summon is a notice issued by the court to the persons

involved in the lawsuit, containing an order for appearing or for producing a
document/ thing before the judge. It can be explained as a legal document
delivered to the party, i.e. defendant or witness, with respect to a lawsuit.

When a case is initiated by a plaintiff (the aggrieved party), against

the defendant (accused), the summons is served. The court orders to
issue summons to the defendant to notify that he/she is being sued,
ensuring a fair trial. It is also issued to other persons who are directly or
indirectly involved in the case.

36 ​
Supra ​Note 2 37 ​ ote 2 38
​ ​Supra N ​

https://keydifferences.com/difference-between-summon-and-warrant.html (visited on Sept

29​th ​, 2019)
​
A summon is in writing, created in duplicate, duly signed by the
presiding officer of the concerned court or by the officer authorized by the

high court in this regard. ​The police officer or officer of the court or any
other person who is a public servant,
​ delivers the Summon, to the
defendant. However, the Summon issued to witness is served to him/her
by a registered post, wherein the acknowledgement letter should be
signed by the witness, on receiving the summon.

Procedure for serving a

Summons​39

CrPC describes the procedures for serving a summons on various

categories of individuals - a person, a corporate body, a government
servant, and a person residing outside the jurisdiction of the court.

Section 62 of Cr.P.C. ​describes the procedure for serving a Summons on

a person as follows -
(1) Every summons shall be served by a police officer, or subject to
such rules as the State Government may make in this behalf, by an
officer of the Court issuing it or other public servant. (2) The
summons shall, if practicable, be served personally on the person
summoned, by delivering or tendering to him one of the duplicates
of the summons. (3) Every person on whom a summons is so
served shall, if so required by the serving officer, sign a receipt
therefore on the back of the other duplicate.40 ​

In case of ​Danatram Karsanal, 1968, ​it was held that summons

should not only be shown but a copy of it be left, exhibited, delivered, or
tendered, to the person summoned. In a case, where a copy was
tendered to the person, it was held that the Summon was served.

In ​E Chathu vs P Gopalan​41​, ​it was held that when the person

sought to be summoned is employed abroad, the court can send
summons to the concerned embassy official for the purpose of service
since the embassy official is also a
39 ​
https://a19.in/law/llb-llm-law-notes/88-criminal-procedure-code?start=10 (visited on Sept 29​th ​,

​ ​Supra ​Note 2 41
2019) 40 ​ ​1981 CriLJ 691
public servant. Merely affixing the Summon on a conspicuous part of
the house will not amount to service of the Summon.

Definition of
Warrant​42

By the term warrant, we mean a written authorization given by a

judge or magistrate that allows a police officer to perform a specific act
that would otherwise be called illegal, as the act is against the
fundamental rights of the citizens. The warrant is used to apprehend
someone, search the premises, seize the property or carry out any such
activity that is required to regulate justice.

A warrant is issued in a prescribed format in writing, duly signed by

the presiding officer and contains the seal of the court. It bears the name
and designation of the law enforcement officer who executes it and also
contains the name and description of the person to be arrested. Further, it
specifies the offence charged.

In the case of ​P K Baidya v. Chaya Rani43​ ​ , it was held that when a

witness avoids his appearance in spite of the summons being
appropriately served, court can take the steps for securing his presence
by calling him by warrant.

The terms ‘summons case’ and ‘warrant case’ are used in reference to the

procedure adopted by the magistrate for the trial of the case, which is
 entirely

different for
both:

of his legal obligation to

S.NO Basis
of appear before
magistrate
Differen
as a response to a
ce
violation
mon Case Warrant Case
to
law.
who is required to be
1 ​Meaning ​A summon is a process
present in the
issued by a court, calling court.

upon a person to appear

before a magistrate. It is
Warrant is an order of
the
2 ​Procedure ​The procedure prescribed
court given to a third
for summons
person to bring the
cases is
person
simpler and
speedier
Warrant cases as they
deal
42 ​
Supra ​Note

​ ​AIR 1995
41 43 with offences graver
used to notify an
cannot be tried in the
individual
 same
than two
simple and speedy
years.
fashion
5 ​Cross-
as summons
examinatio
cases.
n
3 ​opportunities rson gets
opportunities for
ce of
Greater opportunities
for
Greater opportunities examining the
for prosecute-on
under the warrant
for
under the warrant
defence
ce are offered to procedure he is entitled
to
procedure he is entitled
accused in a summon
to
case
defence are offered to cross-examine the said
the
witnesses in case of
defence are offered to
the summon
cases.
accused in a warrant
witnesses twice, once
case
before the framing of
4 ​Time ​Summon cases are of less
the
than two
years.
Warrant cases are of
more
 framed. t.
authorisation to police
6 ​Contains ​It contains a judicial order
It contains an official officer to produce him

to appear or to produce
a

documen

CONCLUSION