Difference between Summons Case, Warrant Case and Sessions Case under BNSS and BNS 2023

In India’s criminal justice system, every criminal case is classified into Summons Case, Warrant Case and Sessions Case depending upon the seriousness of the offence and quantum of punishment. This classification determines which court will try the case, how the trial will proceed.

The Bharatiya Nyaya Sanhita (BNS), 2023 and Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 have replaced the Indian Penal Code (IPC) and Code of Criminal Procedure (CrPC), but the essence of this classification remains the same. The idea is simple — the more serious the offence, the more elaborate the procedure.

🔹 What is a Summons Case under BNSS and BNS (2023)?

Under Section 2(x) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, a summons case means a case relating to an offence that is not a warrant case. In simple terms, it covers all less serious offences where the punishment does not exceed two years of imprisonment.

The trial procedure for summons cases is given under Chapter XIX (Sections 262 to 265) of the BNSS, 2023, corresponding to Chapter XX of the old CrPC. These trials are designed to be swift, simple, and less technical, ensuring speedy justice for minor offences.

Examples under the Bharatiya Nyaya Sanhita (BNS), 2023 include:

• Section 317 – Voluntarily causing hurt (punishable up to 1 year)
  
• Section 286 – Public nuisance (punishable with fine)
  

Procedure:

1. The accused is summoned, not arrested unless necessary.
   
2. The substance of accusation is stated when the accused appears.
   
3. The evidence is recorded briefly.
   
4. The judgment may be delivered the same day.
   

Illustration:

A person accused under Section 317 of the BNS for causing simple hurt will face a summons trial before a Judicial Magistrate of First Class. The process involves issuing a summons for appearance, brief evidence, and speedy judgment.

Thus, a summons case is characterized by its simplicity, brevity, and quick disposal, ensuring efficiency without compromising fairness.

🔹 What is a Warrant Case under BNSS and BNS (2023)?

According to Section 2(y) of the BNSS, 2023, a warrant case refers to “a case relating to an offence punishable with death, imprisonment for life, or imprisonment for a term exceeding two years.”

The procedure for warrant cases is detailed in Chapter XX (Sections 266 to 279) of the BNSS, which corresponds to Chapter XIX of the CrPC. These cases involve serious offences and therefore require greater procedural safeguards and formal framing of charges.

Examples under BNS, 2023 include:

• Section 117(2) – Grievous hurt using dangerous weapon (punishable up to 10 years)
  
• Section 303 – Theft (depending on gravity)
  
• Section 309 – Robbery
  

Procedure:

1. The Magistrate first considers the police report.
   
2. Formal charges are framed under Section 268 BNSS.
   
3. Detailed evidence is recorded; both sides can examine and cross-examine witnesses.
   
4. The accused may seek discharge under Section 266 BNSS if no prima facie case exists.
   

Illustration:

A person accused of causing grievous hurt under Section 117(2) of the BNS faces a warrant trial. The Magistrate frames charges and records evidence from both sides before delivering judgment.

Hence, a warrant case involves formal charges, thorough evidence, and extended judicial oversight, ensuring due process in cases carrying severe punishment.

🔹 What is a Sessions Case under BNSS and BNS (2023)?

A Sessions Case is a criminal case triable exclusively by the Court of Session due to its gravity. The procedure for these trials is contained in Chapter XXI (Sections 280 to 292) of the BNSS, 2023, corresponding to Chapter XVIII of the old CrPC.

Under Section 208 of BNSS, if a Magistrate finds that the offence is exclusively triable by a Sessions Court, the case is committed to the Sessions Court. The trial then begins before a Sessions Judge or Additional Sessions Judge, usually conducted by a Public Prosecutor as per Section 281 BNSS.

Examples under BNS, 2023 include:

• Section 101 – Murder (punishable with death or life imprisonment)
  
• Section 63 – Rape
  
• Section 111 – Attempt to murder
  
• Section 309 – Robbery with attempt to cause death
  

Procedure:

1. The Public Prosecutor opens the case before the Sessions Court.
   
2. Charges are framed under Section 283 BNSS.
   
3. The accused is given full opportunity to defend.
   
4. The judgment is pronounced under Section 290 BNSS.
   

Illustration:

A person charged under Section 101 BNS for murder will face a Sessions trial. After the case is committed under Section 208 BNSS, the Public Prosecutor opens the case, witnesses are examined, and the Sessions Judge delivers judgment after full trial.

Sessions trials are comprehensive, evidence-heavy, and conducted with high judicial scrutiny, ensuring procedural fairness where life or liberty is at stake.

Read More: Temporary Injunctions under Order 39 CPC: Complete Guide

Who is a Competent Witness under the Bharatiya Sakshya Adhiniyam, 2023?

🔹 Comparison Table

🔹 Important Supreme Court Judgments

1. Sharad Birdhichand Sarda v. State of Maharashtra (1984 AIR 1622, SC)
   – The Court emphasized that irrespective of trial type, the burden of proof remains on the prosecution and guilt must be proved beyond reasonable doubt.
   
2. Sushil Kumar Sharma v. Union of India (2005) 6 SCC 281
   – Highlighted the balance between procedural safeguards and effective prosecution, reinforcing that procedure should not become a tool of harassment.
   
3. State of Bihar v. Ram Naresh Pandey (1957 SCR 279)
   – Clarified that Sessions trials demand full application of judicial discretion, given the seriousness of offences and impact of sentencing.
   

🔹 Judicial Interpretation by the Supreme Court

The Supreme Court of India has, on several occasions, elaborated on the meaning and procedural importance of warrant, summons, and sessions cases. The guiding principle was clearly laid down in Ajoy Kumar Ghose v. State of Jharkhand (2009) 14 SCC 115, where the Court observed:

“In a warrant case, the framing of charge is not a mere formality. It ensures that the accused is fully aware of the precise accusation, enabling him to prepare his defence effectively. Any omission to frame or explain the charge goes to the root of a fair trial.”

In State of Gujarat v. Hiralal Devji (2011) 16 SCC 363, the Court reiterated that:

“The classification of cases into summons, warrant, and sessions is not procedural rigidity but a constitutional safeguard ensuring proportionate trial to the gravity of the offence.”

Similarly, in Union of India v. Prafulla Kumar Samal (1979) 3 SCC 4, the Supreme Court emphasized the discretion of the Magistrate during the framing of charges in warrant cases:

“While considering whether a charge should be framed, the court has to apply its judicial mind to determine whether the material placed before it discloses grave suspicion against the accused. It is a stage where the court’s satisfaction is crucial.”

The Court in State of Bihar v. Ramesh Singh (1977) 4 SCC 39 also clarified the purpose of this procedural division:

“The difference between summons and warrant trials lies in the seriousness of the offence and the procedural safeguards built around it. The law insists on a detailed trial in warrant cases because liberty is at higher risk.”

Further, in V.C. Shukla v. State (1980 Supp SCC 92), which involved high-profile corruption charges, the Apex Court observed:

“A warrant case cannot be equated with a summons case. The formality of framing charges, recording evidence, and cross-examination ensures adherence to the principles of natural justice.”

Thus, through these landmark judgments, the Supreme Court has consistently held that the procedural distinctions under BNSS (formerly CrPC) are not technicalities but essential safeguards ensuring fair trial, due process, and the rule of law.

🔹 (Most Searched Queries)

Q1. What is the main difference between a summons case and a warrant case?
A summons case deals with minor offences (≤2 years punishment), while a warrant case deals with serious offences (>2 years). The trial in a warrant case involves framing of charges and detailed evidence.

Q2. Can a Magistrate directly try a Sessions case?
No. The Magistrate must commit the case to the Sessions Court under Section 208 BNSS if the offence is exclusively triable by that court.

Q3. Is the trial faster in summons cases?
Yes. Summons procedures are designed for quick disposal of less serious offences, often concluded in one or two hearings.

Q4. Can a warrant case be converted into a summons case?
No. The classification is based on the statutory punishment under the law, not at the discretion of the court.

Q5. Who conducts prosecution in Sessions cases?
Under Section 281 BNSS, the Public Prosecutor represents the State before the Sessions Court.

🔹 Frequently Asked Questions (FAQs)

1. What is the difference between a summons case and a warrant case under BNSS 2023?

A summons case under Section 2(x) of the BNSS, 2023 refers to an offence punishable with imprisonment of two years or less, while a warrant case under Section 2(y) refers to offences punishable with death, life imprisonment, or imprisonment exceeding two years.
The main difference lies in the seriousness of the offence and trial procedure — warrant cases require framing of charges and detailed evidence, whereas summons cases follow a simplified process.

2. What is a sessions case under BNSS 2023?

A sessions case is a warrant case triable by a Court of Session. It includes the most serious offences such as murder (Section 101 BNS), rape (Section 64 BNS), and dacoity (Section 311 BNS).
Under Section 230 to 248 of BNSS, 2023, the trial before a Sessions Court begins only after the case is committed by a Magistrate, ensuring proper procedural scrutiny.

3. Which cases are triable by Magistrates and which by Sessions Courts under BNSS?

Under BNSS 2023,

• Magistrates try summons and warrant cases (with punishment up to their sentencing power),
  
• Sessions Courts try sessions cases involving serious crimes punishable with death or life imprisonment.
  The Schedule II of BNSS provides detailed jurisdictional classification of offences.
  

4. Is framing of charge necessary in every warrant case?

Yes. As per Section 268 of the BNSS, 2023, framing of charge is mandatory in every warrant case before a Magistrate or Sessions Court. The charge must be read and explained to the accused to ensure fair trial, as affirmed in Ajoy Kumar Ghose v. State of Jharkhand (2009) 14 SCC 115.

5. What happens if the complainant is absent in a summons case?

Under Section 271 of the BNSS, 2023, if the complainant does not appear on the hearing date, the Magistrate may acquit the accused or adjourn the case for sufficient reason. However, in warrant cases, the absence of the complainant is treated more seriously.

6. Can a warrant case be converted into a summons case?

No, the nature of the case depends on the punishment prescribed under the Bharatiya Nyaya Sanhita (BNS), 2023. However, the Magistrate can convert a summons case into a warrant case if the nature of the offence or justice so requires, but not vice versa.

7. What is the punishment range for warrant cases under BNS 2023?

Warrant cases generally cover offences punishable above two years of imprisonment, such as:

• Voluntarily causing grievous hurt (Section 117 BNS) – up to 10 years,
  
• Robbery (Section 309 BNS) – up to 10 years or life,
  
• Cheating and dishonestly inducing delivery of property (Section 318 BNS) – up to 7 years.
  

8. Why are sessions cases considered most serious?

Sessions cases involve heinous offences that carry death or life imprisonment, such as murder, rape, terrorism, or dacoity. They require full-fledged trials before Sessions Judges as per Chapter XX of BNSS (Sections 230–248) to ensure the highest level of procedural fairness.

9. What are examples of summons, warrant, and sessions cases under BNS 2023?

10. What is the importance of classification into summons, warrant, and sessions cases?

The classification ensures proportionate procedural safeguards based on seriousness of the offence. It prevents miscarriage of justice by ensuring minor offences are dealt with swiftly and major ones undergo detailed judicial scrutiny with full rights of defence and fair trial.

🔹 Conclusion — Significant Points to Consider as per Court’s Interpretation

The distinction between summons, warrant, and sessions cases is not merely procedural but reflects the legislative philosophy of proportionality — the seriousness of the offence determines the depth of procedural protection.

While the BNSS and BNS (2023) modernise procedures through digital summons and streamlined committal processes, the essence of fair trial under Articles 20 and 21 of the Constitution continues to guide judicial interpretation.