Difference between warrant and summons
No
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Warrant
|
Summons
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1)
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Warranty is an order to the police or to a
certain person directing him to arrest the accused and to produce him before
the court
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A summons is a document issued from the office of
the Court of Justice calling upon the person to whom it is directed to attend
before a judge or officer of the court.
|
2)
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A warrant Cannot be executed by means of a
substituted service for example - by affixing a duplicate to some conspicuous
part of the house in which the person summoned ordinarily resides and it has
to be executed in person.
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A summons can be served on a person by means of a
substituted service
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3)
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The absconding in order to evade the service of a
warrant is not punishable under the Indian Penal Code 1860
|
Avoidance of service of summons is punishable
under section 172 of the Indian Penal Code by a sentence of imprisonment for
a term of 2 months or with fine up to Rupees 500 or both
|
Summons Cases and Warrant Cases -
Section 2 (x) of the
Criminal Procedure Code defines warrant case, According to said Section
Warrant-case means a case relating to an offense punishable with death,
imprisonment for life or imprisonment for a term exceeding 2 years Whereas
Summons-case means a case relating to an offense and not being a warrant-case
[Section 2(w) of Criminal Procedure Code.]
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