(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.
Bharatiya Nagarik Suraksha Sanhita
Section 227
Issue of process
⚡ Quick Answer Reference: Section 227 BNSS
- Provision: Section 227 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES
- Jurisdiction: India
- Summary: This section explains how a Magistrate decides whether to issue a summons or warrant against an accused, based on sufficient grounds and the type of case.
What does Section 227 of BNSS say?
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What does Section 227 of BNSS mean?
Plain English Explanation
This section explains how a Magistrate decides whether to issue a summons or warrant against an accused, based on sufficient grounds and the type of case.
Practical Interpretation
In practice, Magistrates use this section to determine the appropriate legal process for summoning or arresting accused individuals, considering factors like case type and jurisdiction.
Core Legal Purpose
The core purpose is to outline the procedure for issuing summons or warrants, ensuring that Magistrates follow a standardized process in handling cases, with considerations for electronic issuance and witness lists.
- •The Magistrate must have sufficient grounds for proceeding with the case.
- •The case must be classified as either a summons-case or a warrant-case.
- •The key legal test is whether there are sufficient grounds for proceeding, which guides the Magistrate's decision on issuing a summons or warrant.
- •A key exception is the provision allowing for electronic issuance of summons or warrants.
Practical Example of Section 227 BNSS
For instance, if Rajesh files a complaint against Amit for a minor offence, the Magistrate might issue a summons for Amit to appear in court, accompanied by a copy of the complaint, after ensuring that a list of prosecution witnesses has been filed. This process ensures that Amit is formally notified and given the opportunity to respond to the allegations.
Frequently Asked Questions about Section 227 BNSS
Q: What is the punishment or consequence under Section 227 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to the process of issuing summons or warrants, which can involve both private individuals and public entities, depending on the context of the case.
Q: Is an offence under this section bailable or cognizable?
This section does not directly address the bailability or cognizability of offences; it focuses on the procedure for issuing summons or warrants.
Common Questions about Section 227 BNSS
What is Section 227 of BNSS?
Section 227 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Issue of process". In plain terms: This section explains how a Magistrate decides whether to issue a summons or warrant against an accused, based on sufficient grounds and the type of case.
What is the punishment under Section 227 of BNSS?
Section 227 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 227 of BNSS bailable or non-bailable?
Whether Section 227 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 227 of BNSS?
The essential elements of Section 227 of BNSS are: The Magistrate must have sufficient grounds for proceeding with the case.; The case must be classified as either a summons-case or a warrant-case.; The key legal test is whether there are sufficient grounds for proceeding, which guides the Magistrate's decision on issuing a summons or warrant..
What is the IPC equivalent of Section 227 of BNS?
Section 227 of the Bharatiya Nyaya Sanhita (BNS) 2023 corresponds to Section 204 of the old Indian Penal Code (IPC). There was no material change in the provision.
✓ No material change in the provision.
View Old Law Equivalent →Compare Side-by-Side →Landmark Judgments under Section 227 BNSS
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