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Thursday, 12 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XVII: Commencement Of Proceedings Before Magistrates

Section 227 BNSS: Issue of process

Corresponding CrPC
Section 204 CrPC

Bare Act text

(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.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Provides that when a Magistrate finds sufficient ground, he issues summons in a summons-case, and a warrant or, if he thinks fit, summons in a warrant-case. No summons or warrant issues until a list of prosecution witnesses has been filed. A written complaint is attached to the process, and process fees must be paid.

Chapter XVII: Commencement Of Proceedings Before Magistrates

  1. 227 Issue of process
  2. 228 Magistrate may dispense with personal attendance of accused
  3. 229 Special summons in cases of petty offence
  4. 230 Supply to accused of copy of police report and other documents
  5. 231 Supply of copies of statements and documents to accused in other cases triable by Court of Session
  6. 232 Commitment of case to Court of Session when offence is triable exclusively by it
  7. 233 Procedure to be followed when there is a complaint case and police investigation in respect of same offence