| Summons Cases | Warrant Cases |
|---|---|
| There is only one procedure prescribed for the trial of summoned cases whether it is instituted on police report or on a complaint | BNSS prescribes two procedures for the trial of a warrant case by Magistrates namely one to be adopted by Magistrate in case instituted by police report while the other in case instituted otherwise then on police report |
| Trail of summons case as warrant case is only an irregularity which is a curable in this Sanhita | Trail of warrant case as Summons case is a serious irregularity which would initiate the trial if the accused proved to be prejudiced |
| When Summons case is tried as a warrant case an accused is discharged, the discharge will amount to acquittal under section 278 Section 278 is acquittal or conviction when the magistrate does not convict an accused plea of guilty (275 plea of guilty, 276 plea of guilty in petty cases and absence) after looking up at all the evidence | When warrant cases tried as a summons case it results into an acquittal of the accused, the acquittal will amount to discharge under section 268 (Section 268 says when accused is discharged after taking up all the evidence referred in section 267) |
| In Summons case accused shall be asked if he pleads guilty or wishes to defend himself | In warrant cases the magistrate shall proceed to hear the prosecution take up all such evidence as may be produced in support of the prosecution |
| Framing of formal charges are not necessary | Framing of formal charges is necessary |
| Accused gets only one opportunity to cross examine the prosecution witness | Accused gets more than one opportunity to cross examine the prosecution witness |
| Acquittal under section 279 (If the summons has been issued to complainant and the complainant does not appear even after 30 days the accused is discharged) | Acquital under section 272 (When proceedings have been instituted upon complaint and the complaint is missing even after giving a 30 days' notice the accused is discharged) |
| Complaints can be withdrawn with the permission of a magistrate | Complaint cannot be withdrawn by the complaint |
| Summons case can be converted to warrant case by a magistrate | Warrant case can never be converted into summons case |
| Accused is either convicted or acquitted | Accused is either convicted acquitted or discharged Acquittal is a verdict. Discharged is an order. |
| Case once decided cannot be revived | A warrant case may be revived when the accused has been discharged. |