Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 227: Issue of Process
(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;
- (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.
(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.
Brief Detail
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.
Question & Answers
Q1: What must a Magistrate determine before issuing a summons or warrant?
A1: A Magistrate must determine if there is sufficient ground for proceeding and whether the case is a summons-case or a warrant-case.
Q2: What is required before a summons or warrant can be issued?
A2: A list of prosecution witnesses must be filed before issuing a summons or warrant.
Q3: What should accompany a summons or warrant issued based on a written complaint?
A3: Every summons or warrant must be accompanied by a copy of the complaint.
Q4: Can summons or warrants be issued electronically?
A4: Yes, summons or warrants may also be issued through electronic means.
Q5: What happens if process-fees are not paid?
A5: If the process-fees are not paid within a reasonable time, the Magistrate may dismiss the complaint.
Q6: Does this section affect the provisions of section 90?
A6: No, this section does not affect the provisions of section 90.
Example
- Summons-case: If the case is a summons-case, the Magistrate will issue a summons for the accused's attendance.
- Warrant-case: In a warrant-case, the Magistrate may issue either a warrant or a summons for the accused to appear.
- Prosecution Witnesses: Before a summons or warrant is issued, a list of prosecution witnesses must be filed with the court.
- Payment of Fees: If the required process-fees are not paid, the Magistrate has the authority to dismiss the complaint.
Summary
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.
