Summons And Warrant – Meaning, Types, Modes, and

Differences

Introduction

Whenever a case is brought to a court, that court must ensure

that a fair trial is conducted and therefore, the appearance or
presence of all the parties involved in the case is necessary.
This is done through two procedures – Summons and Warrant.

In criminal law, the criminal procedure Code, 1973, provides

the provisions in this regard in Section 204 and Section 87.

Section 204 states that in a summons case, if the magistrate is

reasonably satisfied, he may issue a summon for the
appearance of the accused at the hearing and a warrant, as
necessary to bring the accused before the court or any
magistrate having the jurisdiction.

While, Section 87 provides that a court who has the power to

issue a summons, can also issue a warrant, after recording the
reasons in writing form, if

1. The court believes that the person has absconded or

may not obey the summons sent to him.
2. The person fails to appear without any reasonable
excuse and the summons has been properly served.
What is Summons?

Summons refer to the legal notice issued by a court of justice to

a person requiring them to appear before the court on a
particular date and time mentioned in the document for
hearing.

Summons can be served upon the following persons:-

(a) The defendant or the Opposite Party: When a legal

proceeding is undertaken in a court, the court has the duty to
inform the defendant or the opposite party that a case has
been instigated against them.

(b) Witness: It is also issued to call upon any witnesses

related to the case to appear and testify before the court. The
official notice is required so that no witness is absent and
justice is duly served.

(c) A Person in the Possession of Documents: The court

may also serve summons to any person directing them to
produce some documents or any other thing necessary for
investigation, inquiry, trial according to the provision in Section
91 of Criminal Procedure Code, 1973.

Summons is generally issued to ensure the appearance of a

person for a legal proceeding.
Summons in Criminal Law

Under Criminal Law, Section 61 to 69 of chapter 6 in the

Criminal Procedure Code, 1973 mainly deals with the issuance
of summons.

Section 2 defined summons case as a case relating to an

offence, and not being a warrant case” which means a less
serious offence.

Form of Summons

Section 61 of the code provides “Every summons issued by a

Court under this Code shall be in writing, in duplicate, signed by
the presiding officer of such Court or by such other officer as
the High Court may, from time to time, by rule direct, and shall
bear the seal of the Court.”

In other words, summons should fulfill these requirements to be

considered valid:

1. It must be in the writing form.

2. It must be produced in duplicate i.e. two copies.
3. The document must have been signed by the
presiding officer or judge of the court or any other
person directed by the High Court.
4. It must bear the seal of the said court.
The summons also mentions the date, the time, and the place
where the summoned person is bound to appear. But if the
person fails to appear for any reason without informing the
court, then the court may issue a warrant against him.

However, in Bhushan Kumar Vs State (NCT of Delhi), the

court held that it is not mandatory for the magistrate to state
the reason as to why the summons was issued, as it’s not a
prerequisite for validity.

Form of Summons

Section 61 of the code provides “Every summons issued by a

Court under this Code shall be in writing, in duplicate, signed by
the presiding officer of such Court or by such other officer as
the High Court may, from time to time, by rule direct, and shall
bear the seal of the Court.”

In other words, summons should fulfill these requirements to be

considered valid:

1. It must be in the writing form.

2. It must be produced in duplicate i.e. two copies.
3. The document must have been signed by the
presiding officer or judge of the court or any other
person directed by the High Court.
4. It must bear the seal of the said court.
The summons also mentions the date, the time, and the place
where the summoned person is bound to appear. But if the
person fails to appear for any reason without informing the
court, then the court may issue a warrant against him.
However, in Bhushan Kumar Vs State (NCT of Delhi), the
court held that it is not mandatory for the magistrate to state
the reason as to why the summons was issued, as it’s not a
prerequisite for validity.

If the summoned person is not available, then the serving

officer can leave one of the duplicates with any residing adult
male relative.

By any chance the service cannot be effected through the

modes mentioned before, the service officer can simply affix
one duplicate to some part of the house in which the person
resides, and after inquires, the court can declare it as served or
order fresh summons.

The other duplicated summon is send to the head of the office

if the person summoned is under government service and the
head has to sign it as per section 62 and return it to the court.

Section 67 provides the service of summons outside local

limits, where a duplicate is sent to a magistrate within whose
the person summoned resides or is present.

Section 68 provides a special provision to prove that the

service of the summons is done.

Section 69 provides for the procedure of service of summoning

to a witness.
Summons is generally preferred to be served personally
through a serving officer, but it can also be sent through the
Post, E-mail, and even WhatsApp.

Summons in Civil Law:

Under Civil Law, Summons is governed by Order 5 of the Code

of Civil Procedure, 1908. It prescribes 30 various rules and
principles relating to a summons being served to the defendant
and their appearance in the court of justice.

Order 5 is divided into two parts:

1. Issue of Summons
2. Service of Summons
While Order 18 of the code deals with the provisions for
summoning witnesses.

According to Rule 1 of Order 5, Summons is issued to all the

defendants in the case ordering them to appear in the court
and submit a written statement. The summons must be sent
with a copy of the complaint made by the plaintiff.

Rules 1 to 8 deal with the issue of summons, whereas Rules 9

to 30 states the provisions for the service of summons.

The provisions state when the summon are issued by the court
and the documents or any information that should be contained
in the summons document.
Purpose of Issue of Summons

The main purpose of the summons is to ensure a fair trial and

the speedy disposal of the case.

Summons gives a chance to the defendant to appear in the

court and submit a written statement pleading their side.

While summons to a witness is necessary as the witness could

refuse to appear in court if requested by any parties to the case
and he may deny any information or knowledge which might be
important to enact justice.

What is a Warrant?

A warrant is a written order from a judicial officer authorizing a

police officer or any other law enforcement body, to undertake
some acts for the administration of justice.

In other words, a warrant gives the official permission to

commit an act that would have been otherwise illegal. For
example, the arrest of a person would deprive them of their
liberty and violate their fundamental rights but there should be
a proper reason for the arrest.

Under criminal law, Section 2 defines a warrant case as an

offence that can punishable with death, imprisonment for life,
or for a term exceeding 2 years.
While, in civil law, Section 32 states that a court may issue a
warrant if the person fails to appear after being summoned.

The issued warrant can be executed at any place in India

without any kind of restriction.

Types of Warrant

In India, there are two types of warrants that can be issued in

criminal cases, which are:

1. Arrest Warrant
2. Search warrant
Arrest Warrant

Arrest Warrant is a warrant issued by a judicial magistrate

authorizing a police officer or any other person, to arrest a
person and take them into custody.

An arrest warrant is issued when there is a reasonable belief

that a person has committed an offence and has a chance to
abscond.

In criminal law, Section 70 to 81 of the code deals with an

arrest warrant.

The arrest Warrant is further divided into two:-

1. Bailable Warrant (Section 71)

 2. Non- Bailable Warrant (Section 76)
According to Section 70, an arrest warrant must be in writing,
signed by the presiding officer of the court, and bear the seal of
the court issuing it.

Other than the above-mentioned requisites, there are some

other requisites to be fulfilled as well:

1. It should mention the name and designation of the

person executing it.
2. It must give full details of the person to be arrested
so the identification could be done easily.
3. It must also specify the offences charged.
A Warrant contents the following:-

1. Name of the court

2. Name of the police officer executing it
3. The offence for which the person is accused of
4. The Place where the offence has been committed
5. Seal of the court
6. Sign of the presiding officer
7. Name and Address of the accused person
The warrant remains effective till it is executed or canceled by
the order of the court issuing it.

The code also provides that if the arrested person is willing to

execute a bail bond assuring his/her appearance at the court,
then the police officer has to release them, in case of a bailable
offence.

It is also to be noted that a court can order any person other

than a police officer to apprehend an accused but after the
arrest, he/she has to take the arrested person to the nearest
police station so that further proceedings could be undertaken.

The police officer in charge is also bound to produce the

arrested person in the court within 24 hours without any
unreasonable delay.

Search Warrant

A search warrant is a written order issued by a court or a

magistrate authorizing a police officer or any person having the
permission to conduct a search of a person, their house,
premises, vehicles, or other belongings and also confiscate any
suspicious thing which may be used as a piece of evidence.

Section 93, 94, 95, and 97 of the Criminal Procedure Code,

1973, mainly deals with the provision of search warrant.

Section 93 states the circumstances as to when a search

warrant can be issued and Section 94 provides the procedure
for the search of a place that might have some stolen property,
forged documents, etc.
In the case of Kalinga Tubes Ltd. And Ors. Vs D. Suri, the
court stated that police officers should take precautions and
care while using a search warrant and refrain from abusing
their power and authority.

Distinction Between Summons And Warrant

While Summons and Warrant are both issued to compel

appearances of a person concerning a case instigated in a
court, they are quite different from each other. Some of the
differences Between Summon And Warrant are:

1. Summons is a written order issued by a court or magistrate

to ‘the defendant or a witness or any other person involved in
the case. While a Warrant is a written authorization by a judicial
officer to the police empowering them to execute an action to
regulate justice.

2. A summons is specifically addressed to the defendant,

witness, or any person involved in the case while a warrant is
addressed to the police officer, not to the person against whom
it is issued.

3. A summons orders the defendant to appear before the court

or produce a document. Whereas a warrant is a written
authorization to the law enforcement body to apprehend the
accused and produce before the court.
4. In a summon case, the complaint can be allowed to withdraw
with permission from the magistrate. Whereas in a warrant
case, the complaint cannot be withdrawn even after a request
from the complaint.

5. A summons case can be changed to a warrant case.

However, a warrant case cannot be changed to a summon
case.

CONCLUSION

A Fair trial is a basic right of every human being. Ensuring this

can be very difficult with the absence of even one party to the
case, which is why summons and warrant serve as an
important mode to deliver proper justice to the people.

Procedure for issuances and service of a Summon

(section deal CrPC 61- 69)
Once a Summon is signed by the Presiding Officer/Judge and
seal of the Court is affixed, the Summon is then given to a
Police Officer to serve the same on the person summoned to
the Court, ideally the summon should be served personally on
the person who is summoned by tendering the duplicate copy
of the summon.

1. However, if the person who is summoned cannot be found,

the summon may be served on an adult male member of
the family who resides with the person summoned
 2. In the event, if the summon could not be served, either on
a concerned person or any adult male member of the
family residing with him/her, after necessary due
diligence, the serving officer may affix the duplicate copy
of the summon on the door or any other noticeable part of
the residence.
3. The Court upon making necessary inquiries as the case
may be either declare that the Summon has been duly
served or may issue a fresh Summon for service in such
manner as it may consider proper.

The Summon may be served on a corporation/entity by serving

it on a specifically designated representative of the entity (e.g.
an office manager, secretary, and/or Director). If the person
summoned is a Government Servant then the summon has to
be sent to the head of the department, in which such person is
employed.

The head of the department has to serve the same on the

concerned person and submit a report before the Court with
appropriate signatures/endorsements. In addition to the
aforesaid, when the person has to be summoned as a witness,
the Court may also direct that a copy of the summon may be
served on the person by registered post acknowledgement due
along with the service in any of the above modes.

Once the service of summoning has been effected, the person

summoned has to remain present before the Court, in the event
the person summoned cannot appear it is mandatory to inform
the Court of the circumstance due to which the person
summoned cannot remain present and upon the discretion of
the Court, the person may be allowed to appear on next date.

Under no circumstance the person should avoid appearing

before the Court, in the event if the person summoned fails to
appear before the Court, the Court may hold the person in
contempt and/or issue Warrant against such person.

How to draft a summons?

FORM NO. 1
SUMMONS TO AN ACCUSED PERSON
(See section 61)

To ........ ......(name of accused) of .(address)

WHEREAS your attendance is necessary to answer to a charge
of... state shortly offence charged), you are hereby required to
appear in person (or by pleader, as the case may before the
(Magistrate) of to the........ Day of ..Herein fail not Dated,
this........ day of. .20..)

(Seal of the Court) (Signature)

Warrant
What is a Warrant?
A Warrant is a document issued by a Court to a person or an
entity involved in a legal proceeding. A Warrant is issued only in
serious offences and/or after duly served summons is
disobeyed or if the accused has willfully avoided the services of
the summons. If the accused seem to be avoiding the
summons, the court, in the second instance issues a bailable
warrant. In the third instance, when the court is fully satisfied
that the accused is avoiding the court's proceeding
intentionally, the process of issuance of the non-bailable
warrant is resorted to.

A Bailable Warrant may be served on a person or an entity to

ensure their presence before the Court and a Non � Bailable
Warrant should be issued to bring a person or representative of
any entity to Court when the summons or bailable warrants
would be unlikely to have the desired result.6 A Warrant
indicates the name and designation of the Police Officer in
charge of executing the Warrant; it shall also bear name and
address of the person against whom such Warrant has to be
executed along with the offences under which the person is
charged 7.

Procedure for issuances and Service of a Warrant

A Police Officer may execute a Warrant by arresting and
producing the person or representatives of the entity before the
Court. Once the person or the representative of the entity is
arrested by the Police, he/she must be produced before the
Court within 24 hours. In the event, if there is delay in
producing such person before the Court, the officer is required
to show sufficient cause for delay.

As per section 70 of the Cr. P. C. every Warrant of arrest that is

issued by the Court under the said section has to be in writing
and shall bear the signature of the Presiding Officer/Judge along
with the seal of the Court. The Warrant shall be in force until
the same has been either executed by the Police officer or is
cancelled by the Court that issued such Warrant.

The Court issuing a Warrant for the arrest of a person may use
its discretionary powers to make an endorsement on the
Warrant that if the person concerned executes a bond with
sufficient surety (ies) for his attendance before the Court at the
specified time, the Court executing the Warrant may accept
such surety and release the person from custody 8.

A Warrant of arrest is usually directed to one or more Police

Officers but if no Police Officer is available immediately and if
an immediate arrest is required then the Warrant of arrest may
be directed to any other person(s) and in such cases, it may be
executed by all or any one of them.9

Similarly, if an arrest is that of an escaped convict or a

proclaimed offender or any person against whom the Non-
Bailable Warrant is pending and such person is evading arrest,
the Court can direct the Warrant of arrest to any person within
his local jurisdiction for the arrest of such person. This
procedure for executing the Warrant is commonly known
as Private Arrest.

In the event the Warrant has to be executed outside the local

jurisdiction of the Court from which the Warrant has been
issued, The Court issuing the Warrant shall forward the Warrant
to the Court, Executive Magistrate and/or Commissioner of
Police within local limits of whose jurisdiction it is to be
executed and then such person shall execute the Warrant.
Before executing the Warrant of Arrest the Police officer shall
readout/inform and/or notify the substance of the Warrant and
if required, show him/her the Warrant.

Format of warrant
FORM NO. 2
WARRANT OF ARREST
1. (See section 70)

To... (name and designation of the person or persons who is or

are to execute the warrant).
WHEREAS (name of accused) of.. (address) stands charged with
the offence of... . (state the offence), you are hereby directed to
arrest the said... ... produce him before me. Herein fail not.
Dated, this. ..... day of....... 20

(Seal of the Court). (Signature)

2. (See section 71)

This warrant m ay be endorsed as follows :-

If the said.. in the sum of rupees. ... (or two sureties each in the
sum of rupees... .) to attend before.shall give bail himself in the
sum of rupees........... with one surety me on the... day of.. . and
to continue so to attend until otherwise directed by me, he may
be released. Dated, this ...day of.... 20.

(Seal of the Court). (Signature)

FORM NO. 3
BOND AND BAIL-BOND AFTER ARREST UNDER A
WARRANT

3. (See section 81)

To...(name), of.. .. .... being brought before the District

Magistrate of.....(or as the case may be) under a warrant issued
to compel my appearance to answer the charge of .
do hereby bind myself to attend in the Court of..... on the day
of.....next, to answer to the said charge, and to continue so to
attend until otherwise directed by the Court, and in case of my
making default herein, I bind myself to forfeit, to Government,
the sum of rupees. Dated, this.....day of 20....

(Seal of the Court). (Signature)