Law Maker

CHAPTER XVII COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES

Section 227: Issue of process

The Bharatiya Nagarik Suraksha Sanhita, 2023

(1) If in the opinion of a Magistrate taking cognizance of an offence there is sufficient ground for proceeding, and the case appears to be—

(a) a summons-case, he shall issue summons to the accused for his attendance; or

(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.

(3) In a proceeding instituted upon a complaint made in writing, every summons or warrant issued under sub-section (1) shall be accompanied by a copy of such complaint.

(4) When by any law for the time being in force any process-fees or other fees are payable, no process shall be issued until the fees are paid and, if such fees are not paid within a reasonable time, the Magistrate may dismiss the complaint.

(5) Nothing in this section shall be deemed to affect the provisions of section 90.

Corresponding CrPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

2 questions in 6 of our papers cite Section 227. Try these from the free papers:

  1. 1. Consider the following statements regarding the issue of process under Section 227 of the BNSS: 1. No summons or warrant shall be issued against the accused until a list of the prosecution witnesses has been filed. 2. In a proceeding instituted upon a complaint made in writing, every summons or warrant shall be accompanied by a copy of the complaint. 3. Where process fees payable under any law are not paid within a reasonable time, the Magistrate may dismiss the complaint. Which of the statements given above is/are correct?

Practise questions on Bharatiya Nagarik Suraksha Sanhita