- 03-Apr-2025
- General
(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—
(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: Provided that summons or warrants may also be issued through electronic means.
(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.
Section 227 of the Bharatiya Nagarik Suraksha Sanhita, 2023 outlines the procedures for issuing processes in criminal cases. It differentiates between summons-cases and warrant-cases, stipulates the requirements for issuing summons or warrants, and addresses the necessity of filing prosecution witnesses' lists and complaints. Additionally, it specifies the conditions under which process-fees must be paid, emphasizing the importance of these fees in proceeding with legal actions.
A1: A Magistrate must determine if there is sufficient ground for proceeding and whether the case is a summons-case or a warrant-case.
A2: A list of prosecution witnesses must be filed before issuing a summons or warrant.
A3: Every summons or warrant must be accompanied by a copy of the complaint.
A4: Yes, summons or warrants may also be issued through electronic means.
A5: If the process-fees are not paid within a reasonable time, the Magistrate may dismiss the complaint.
A6: No, this section does not affect the provisions of section 90.
Section 227 of the Bharatiya Nagarik Suraksha Sanhita, 2023 delineates the process for issuing summons and warrants in criminal cases, requiring the filing of prosecution witnesses' lists and the payment of process-fees. It allows for electronic issuance of documents and ensures that complaints are properly accompanied by necessary documentation.
Answer By Law4u TeamDiscover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.