BNSS · Bharatiya Nagarik Suraksha Sanhita, 2023
Section 227 — Issue of process.
Replaces CrPC Section 204.
(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.
Nearby sections
- 224 Procedure by Magistrate not competent to take cognizance of case.
- 225 Postponement of issue of process.
- 226 Dismissal of complaint.
- 228 Magistrate may dispense with personal attendance of accused.
- 229 Special summons in cases of petty offence.
- 230 Supply to accused of copy of police report and other documents.
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