• Summon or warrant for case under section 417,420

Hi Lawyers,

I had filed a case with the police in Chennai against a bride and their family for having cheated us money and breaching promise to marry because we did not agree to their breach of false promises based on which we agreed to conduct a formal engagement. Now the police had filed a FIR and filed charge sheet under section 417 and 420. The magistrate court has issued INDIVIDUAL "Summons" EACH OF THEM ADDRESSED TO EACH OF THE ACCUSED INDIVIDUALLY asking them to be present in person before the court for hearing on charges against them under section 417,420. My question is
1. What is this "Summon" as against a "Warrant"?
2. Is it mandatory for all 4 accused to be present or anyone of them can be present with their lawyer?
3. What is the implication if they are not present on the said date before the court and instead a lawyer makes a representation?
4. Is a Bail or Anticipatory Bail applicable to such a "Summon"?
Asked 9 months ago in Criminal Law from Chennai, Tamil Nadu
Religion: Hindu
1. A summon is akin to a notice issued to a person to appear in the court on his own accord as opposed to a warrant where a command is issued to arrest the individual and produce him before the court.

2. Each one of them has to be present.

3. They will be ordered to be produced through warrant,

4. Bail must already have been obtained by them when the FIR was filed..
Ashish Davessar
Advocate, Jaipur
18057 Answers
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In criminal terminology you have a Summons Case and a Warrant Case, In your case the magistrate will first issue a Summons on the accused persons to appear before him, he will record their plea, if they plead not guilty he will hold a trial and then if found guilty will proceed to convict them.
If the accused fail to appear on the date fixed by the court, the magistrate will thereafter proceed to issue a Warrant for their arrest and production before him.
It is mandatory for all accused who have been served with the Summons to be present in person, if either one cannot be present an exemption will be filed by their counsel promising to keep them present in the next date.
As stated above, one exemption will be granted for their non-appearance, in future dates if they are absent, magistrate can issue a Warrant.
since the offence 420 of IPC being non-cognizable, on appearance the accused persons must file bail application along with surety affidavit, this will be taken into consideration and suitable orders will be passed either on the same day or another date fixed by the court.
Kiran N. Murthy
Advocate, Bangalore
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50 Consultations
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To meet the ends of justice, it is critical to produce the accused and other witness or related parties before the court whenever needed. If the accused is found guilty at the conclusion of the trial, he must be present in person to receive the sentence. Also, his presence is necessary if imprisonment is to be enforced. Further, the supremacy of the law will be questionable if there is no formal process to bring the required persons before the court. For this reason,CrPC provides three ways for compelling the appearance of any person who is required to be present in the court, in the court - 
1.	Summons, 
2.	Warrant, and 
3.	Proclamation for person absconding

A Summons is a process issued by a Court, calling upon a person to appear before a Magistrate. It is used for the purpose of notifying an individual of his legal obligation to appear before the Magistrate as a response to a violation of the law. It is addressed to a defendant in a legal proceeding. the summons will announce to the person to whom it is directed that a legal proceeding has been started against that person, and that a file has been started in the court records. The summons announces a date and time on which the person must appear in court.

A person who is summoned is legally bound to appear before the court on the given date and time. Willful disobedience is liable to be punished under Section 174 of IPC. It is a ground for contempt of court.As per Section 61, every summons issued by a Court under this Code shall be in writing and in duplicate. It must be signed by the presiding officer of the Court or by such other officer as the High Court may, from time to time, by rule direct. It must also bear the seal of the Court.

The summons should contain adequate particulars such as the date, time, and place, of the offence charged. It should also contain the date, time, and place where the summoned person is supposed to appear. The standard format of a summons is given in Form 1 of Second schedule. As per Section 205, a magistrate issuing the summons may permit the accused to appear by his lawyer if he sees reason to do so.

Warrant
A written order issued by a judicial officer or other authorized person commanding a law enforcement officer to perform some act incident to the administration of justice.Warrant is used to bring persons to court who have ignored a subpoena or a court appearance.A warrant of arrest is a written authority given by a competent magistrate for the arrest of a person. It is a more drastic step than the issue of a summons. It is addressed to a person, usually a police officer, to apprehend and produce the offender in front of the court. 

Essential Elements of a valid warrant - 
1. The warrant must clearly mention the name and other particulars of the person to be arrested. As per Section 70(1), every warrant of arrest shall be in writing. It must be signed by the presiding officer of the court and must bear the seal of the court. As per section 70(2), a warrant remains in force until it is canceled or is executed. Normally, Form 2 of Second schedule is used to write a warrant.
2. It must show the person to whom the authority to arrest has been given. As per Section 72, a warrant is normally directed to one or more police officers but, if necessary, the court may direct it to any other person or persons.  Further, section 73 provides that a magistrate may direct a warrant to any person within his jurisdiction for the arrest of any escaped convict, proclaimed offender, or of any person who is accused of a non-bailable offence and is evading arrest. 
3. It may include a direction that if the person arrested under the warrant executes a bond and gives security for his attendance in court, he shall be released. Warrant with such a direction is called as bailable warrant of arrest.
4. It must clearly specify the offence.

It is mandatory to present the Accused before the court. In the case of IPC 420 IPC, is a major offence, non-bailable, and cognisible ( police can arrest without warrant ), punishable with imprisonment for 7 years.but if the investigation is over you should take an undertaking and seek bail.
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
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1) in case summons are issued accused have to attend court on the due date 

2) in case any accused is unable to attend application for exemption from personal appearance can be made by accused 

3) if accused don't attend not apply for exemption court  can issue bailable warrant against accused 

4) application can be made for anticipatory bail by accused 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
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person summoned is bound to appear in the court otherwise court will issue warrant against them. If they intentionally ignored summon of the court you should apply for registering a case again,tam under section 174 IPC. or make an application under section 87 IPC for issue warrant against them 

They can apply for bail but bad cannot be granted by the court of magistrate because section 420 is session trial. 
Shivendra Pratap Singh
Advocate, Lucknow
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41 Consultations
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17. Punishment for cheating —
 Whoever cheats shall be punished with imprisonment of either descripttion for a term which may extend to one year, or with fine, or with both.
 
CLASSIFICATION OF OFFENCE
 Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable—Bailable—Triable by any Magistrate—Compoundable by the person cheated with the permission of the court.
 

420. Cheating and dishonestly inducing delivery of property — 
CLASSIFICATION OF OFFENCE
 Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Compoundable by the person cheated with the permission of the court.




1. What is this "Summon" as against a "Warrant"?
If the complaint or one or more affidavits filed with the complaint establish probable cause to believe that an offense has been committed and that the defendant committed it, the judge must issue an arrest warrant to an officer authorized to execute it. At the request of an attorney for the government, the judge must issue a summons, instead of a warrant, to a person authorized to serve it. A judge may issue more than one warrant or summons on the same complaint. If a defendant fails to appear in response to a summons, a judge may, and upon request of an attorney for the government must, issue a warrant.



2. Is it mandatory for all 4 accused to be present or anyone of them can be present with their lawyer?
Yes it is mandatory for all accused to be present before the court after receiving summons despite represented by a lawyer. 


3. What is the implication if they are not present on the said date before the court and instead a lawyer makes a representation?
The court may issue a warrant against the absentee for absenting himself without sufficient or valid reason.



Is a Bail or Anticipatory Bail applicable to such a "Summon"?
Not necessary.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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