Warrant-case
Also called: Warrant case
A 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.
Explained
Section 2(1)(z) of the Bharatiya Nagarik Suraksha Sanhita, 2023 defines a warrant-case as a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years. The definition is the same as Section 2(x) of the earlier Code of Criminal Procedure, 1973. A summons-case is defined residually in Section 2(1)(x) as a case relating to an offence and not being a warrant-case. The test looks at the maximum punishment that may be imposed for the offence, not the sentence actually awarded.
The classification decides the procedure. On taking cognizance, Section 227(1)(b) allows the Magistrate in a warrant-case to issue a warrant or, if he thinks fit, a summons. For warrant-cases tried by Magistrates, cases instituted on a police report follow Sections 261 to 266: an application for discharge may be made within sixty days of supply of documents (Section 262), and the charge is to be framed within sixty days from the first hearing on charge (Section 263). Cases instituted otherwise than on a police report follow Sections 267 to 270, with Sections 271 to 273 common to both, where the Magistrate first takes prosecution evidence, then either discharges the accused (Section 268) or frames a charge, after which the accused may ask for prosecution witnesses to be recalled for cross-examination (Section 269).
In a summons-case no formal charge is framed (Section 274). Section 282 allows a Magistrate trying a summons-case for an offence punishable with more than six months to convert it into a warrant-case trial. Section 310 prescribes the fuller record of evidence in warrant-cases.
Examiners test the two-year line, the separate procedures for police report and complaint cases, and Section 272: where a complaint case is compoundable or non-cognizable and the complainant is absent, the Magistrate may, after giving thirty days' time, discharge the accused at any time before the charge is framed.
What the law says
(z) “warrant-case” means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years.
(2) Words and expressions used herein and not defined but defined in the Information Technology Act, 2000 (2 of 2000) and the Bharatiya Nyaya Sanhita, 2023 shall have the meanings respectively assigned to them in that Act and Sanhita.
Defines warrant-case in Section 2(1)(z) and summons-case in Section 2(1)(x)
Earlier law: CRPC 2. Definitions.
(b) a warrant-case, he may issue a warrant, or, if he thinks fit, a summons, for causing the accused to be brought or to appear at a certain time before such Magistrate or (if he has no jurisdiction himself) some other Magistrate having jurisdiction:
Provided that summons or warrants may also be issued through electronic means.
(2) No summons or warrant shall be issued against the accused under sub-section (1) until a list of the prosecution witnesses has been filed.
Warrant or summons on cognizance of a warrant-case
Earlier law: CRPC 204. Issue of process.
(1) If, upon such consideration, examination, if any, and hearing, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused within a period of sixty days from the date of first hearing on charge.
(2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty of the offence charged or claims to be tried.
Charge in police report warrant-cases within sixty days
Earlier law: CRPC 240. Framing of charge.
(1) If, when such evidence has been taken, or at any previous stage of the case, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused.
(2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty or has any defence to make.
(3) If the accused pleads guilty, the Magistrate shall record the plea, and may, in his discretion, convict him thereon.
Charge and recall of witnesses in complaint warrant-cases
Earlier law: CRPC 246. Procedure where accused is not discharged.
When the proceedings have been instituted upon complaint, and on any day fixed for the hearing of the case, the complainant is absent, and the offence may be lawfully compounded or is not a cognizable offence, the Magistrate may after giving thirty days’ time to the complainant to be present, in his discretion, notwithstanding anything hereinbefore contained, at any time before the charge has been framed, discharge the accused.
Discharge on absence of complainant before charge
Earlier law: CRPC 249. Absence of complainant.
Earlier law: Section 2, CrPC
Example
For example, a case of theft under Section 303(2) of the BNS, punishable with up to three years, is a warrant-case, while an offence punishable with a maximum of one year is tried as a summons-case.
For the exam
- Warrant-case: offence punishable with death, life or imprisonment exceeding two years (Section 2(1)(z) BNSS; earlier Section 2(x) CrPC).
- Summons-case is any case that is not a warrant-case (Section 2(1)(x)).
- Police report cases: Sections 261 to 266; other cases: Sections 267 to 270 BNSS.
- Absent complainant: discharge only after thirty days' time and before charge is framed (Section 272).
- Summons-case for offence above six months may be converted into warrant-case trial (Section 282).
81 questions in the Law Maker question bank use this term. Practise Bharatiya Nagarik Suraksha Sanhita questions
Related terms
- Summons-caseA 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.
- 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.
- Police reportThe report that the officer in charge of a police station forwards to a Magistrate under Section 193(3) of the BNSS when an investigation is completed.
- 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.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.