Summons-case
Also called: Summons case, Trial of summons-cases
A case relating to an offence that is not a warrant-case, that is, an offence punishable with imprisonment up to two years or with fine only. Defined in Section 2(1)(x) of the BNSS.
Explained
Section 2(1)(x) of the BNSS defines a summons-case as a case relating to an offence, and not being a warrant-case. The definition works by exclusion. Under Section 2(1)(z) a warrant-case is a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years. Every other offence, meaning one punishable with imprisonment up to two years or with fine only, gives rise to a summons-case. The same definitions appeared earlier in Section 2(w) and 2(x) of the CrPC.
The classification depends on the punishment prescribed for the offence, not on whether the court actually issues a summons or a warrant to the accused. It decides the procedure of trial. Summons-cases are tried by Magistrates under Chapter XXI of the BNSS, Sections 274 to 282 (earlier Chapter XX, Sections 251 to 259 CrPC). The procedure is simpler: under Section 274 the particulars of the offence are stated to the accused and no formal charge need be framed, and if the Magistrate considers the accusation groundless he may release the accused after recording reasons, which has the effect of discharge.
Other features follow. Under Section 279, if the complainant does not appear in a case instituted on complaint, the Magistrate shall acquit the accused after giving thirty days' time, unless he adjourns, and he may dispense with attendance where the complainant is represented by an advocate. Section 281 lets a Magistrate stop proceedings in a summons-case instituted otherwise than on complaint. Under Section 282, where the offence is punishable with imprisonment exceeding six months, the Magistrate may, in the interests of justice, re-hear the case by the warrant-case procedure and recall witnesses.
Examiners usually test the two year dividing line, the absence of a formal charge, the effect of the complainant's absence, and the six month threshold for conversion under Section 282. A summons-case should not be confused with a summary trial under Section 283, which is a separate procedure.
What the law says
(x) “summons-case” means a case relating to an offence, and not being a warrant-case;
Section 2(1)(x) defines summons-case and Section 2(1)(z) defines warrant-case
Earlier law: CRPC 2. Definitions.
When in a summons-case the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether he pleads guilty or has any defence to make, but it shall not be necessary to frame a formal charge:
Provided that if the Magistrate considers the accusation as groundless, he shall, after recording reasons in writing, release the accused and such release shall have the effect of discharge.
Particulars stated to the accused; no formal charge; release on groundless accusation
Earlier law: CRPC 251. Substance of accusation to be stated.
(1) If the summons has been issued on complaint, and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, after giving thirty days’ time to the complainant to be present, notwithstanding anything hereinbefore contained, acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day:
Provided that where the complainant is represented by an advocate or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may, dispense with his attendance and proceed with the case.
(2) The provisions of sub-section (1) shall, so far as may be, apply also to cases where the non-appearance of the complainant is due to his death.
Effect of non-appearance or death of the complainant
Earlier law: CRPC 256. Non-appearance or death of complainant.
In any summons-case instituted otherwise than upon complaint, a Magistrate of the first class or, with the previous sanction of the Chief Judicial Magistrate, any other Judicial Magistrate, may, for reasons to be recorded by him, stop the proceedings at any stage without pronouncing any judgment and where such stoppage of proceedings is made after the evidence of the principal witnesses has been recorded, pronounce a judgment of acquittal, and in any other case, release the accused, and such release shall have the effect of discharge.
Power to stop proceedings in summons-cases not instituted on complaint
Earlier law: CRPC 258. Power to stop proceedings in certain cases.
When in the course of the trial of a summons-case relating to an offence punishable with imprisonment for a term exceeding six months, it appears to the Magistrate that in the interests of justice, the offence should be tried in accordance with the procedure for the trial of warrant-cases, such Magistrate may proceed to re-hear the case in the manner provided by this Sanhita for the trial of warrant-cases and may recall any witness who may have been examined.
Conversion of a summons-case into a warrant-case trial
Earlier law: CRPC 259. Power of Court to convert summons-cases into warrant-cases.
Earlier law: Section 2, CrPC
Example
For example, an offence punishable with imprisonment up to one year is a summons-case. The Magistrate states the particulars to the accused under Section 274 of the BNSS without framing a formal charge.
For the exam
- Summons-case is defined negatively in Section 2(1)(x) BNSS: any case that is not a warrant-case.
- Warrant-case: offence punishable with death, life or imprisonment exceeding two years (Section 2(1)(z)).
- No formal charge is framed in a summons-case; particulars are stated under Section 274.
- Section 282 conversion into warrant-case trial is possible only where punishment exceeds six months.
- Complainant's absence: acquittal after thirty days' time under Section 279, unless adjourned or dispensed.
139 questions in the Law Maker question bank use this term. Practise Bharatiya Nagarik Suraksha Sanhita questions
Related terms
- Warrant-caseA case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years. Section 2(1)(z) of the BNSS.
- ChargeThe formal written statement of the offence an accused is to be tried for, with particulars of time, place, person and manner, so that he knows exactly what case he must meet.
- ComplaintUnder Section 2(1)(h) of the BNSS, an oral or written allegation to a Magistrate, made so that he acts under the Sanhita, that some person, known or unknown, has committed an offence. A police report is excluded.
- OffenceAn act or omission made punishable by law. The BNS core meaning is a thing made punishable by the Sanhita; the BNSS meaning covers any law in force.
- Petty offenceFor Section 229 of the BNSS, an offence punishable only with fine not exceeding five thousand rupees, other than Motor Vehicles Act offences and offences under laws allowing conviction in absence on a guilty plea.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.