Bharatiya Nagarik Suraksha Sanhita, 2023

Section 227 BNSS - Issue of Process

Section 227 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs the issue of process after a Magistrate taking cognizance of an offence finds sufficient ground for proceeding. Depending on whether the matter is a summons-case or warrant-case, the Magistrate may issue summons or a warrant in the manner prescribed by the section.

The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023 and came into force on 1 July 2024, subject to the notified exception concerning the First Schedule entry relating to section 106(2) of the Bharatiya Nyaya Sanhita, 2023.

Text of Section 227 BNSS

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; 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.

Meaning of Section 227 BNSS

Section 227 applies after the Magistrate has taken cognizance and is satisfied that there is sufficient ground for proceeding against the accused. It regulates the formal process by which the accused is required to appear before the Court.

The nature of the process depends on the classification of the case. In a summons-case, summons is to be issued. In a warrant-case, the Magistrate may issue a warrant or, where considered appropriate, a summons.

Definitions: Summons-Case and Warrant-Case

Summons-case - Section 2(1)(x) BNSS A summons-case means a case relating to an offence that is not a warrant-case.

Warrant-case - Section 2(1)(z) BNSS A warrant-case means a case relating to an offence punishable with death, imprisonment for life, or imprisonment for a term exceeding two years.

Electronic Issue of Summons or Warrant

The proviso to Section 227(1) expressly permits summons or warrants to be issued through electronic means. This is an important feature of the BNSS framework and supports the wider use of electronic processes in criminal procedure.

Witness List Must Be Filed Before Process

Under Section 227(2), no summons or warrant can be issued against the accused under sub-section (1) until a list of the prosecution witnesses has been filed. This statutory requirement must therefore be complied with before process is issued.

Copy of Written Complaint Must Accompany Process

Where proceedings are instituted on a complaint made in writing, Section 227(3) requires every summons or warrant issued under sub-section (1) to be accompanied by a copy of that complaint.

Payment of Process Fees

Section 227(4) provides that where process fees or other fees are payable under any law, process cannot be issued until those fees are paid. If the required fees are not paid within a reasonable time, the Magistrate may dismiss the complaint.

Effect of Section 90 BNSS

Section 227(5) expressly preserves Section 90 BNSS. Section 90 permits a Court, in circumstances specified there and after recording reasons in writing, to issue a warrant in lieu of, or in addition to, a summons. Section 227 therefore does not restrict the separate power available under Section 90.

Relationship With Sections 225 and 226 BNSS

In complaint proceedings, Section 225 BNSS deals with postponement of issue of process and inquiry or investigation in the circumstances stated there. If there is no sufficient ground for proceeding, the Magistrate may dismiss the complaint under Section 226 BNSS. Where sufficient ground exists, Section 227 governs the issue of process.

Corresponding Provision Under the CrPC

Section 227 BNSS broadly corresponds to Section 204 of the Code of Criminal Procedure, 1973. The principal framework of issuing summons in a summons-case and a warrant or summons in a warrant-case continues, while the BNSS expressly provides that summons or warrants may also be issued through electronic means.

Key Requirements Under Section 227

The Magistrate must find sufficient ground for proceeding.
In a summons-case, summons is issued to the accused.
In a warrant-case, the Magistrate may issue a warrant or summons.
Summons or warrants may also be issued through electronic means.
A prosecution witness list must be filed before process is issued.
In a written complaint case, a copy of the complaint must accompany the process.
Applicable process fees or other fees must be paid before process is issued.
Section 90 BNSS remains unaffected.

Practical note: Whether BNSS or the earlier CrPC applies to a particular proceeding may depend on the date and procedural history of the case and the statutory saving provisions. The complete case record should be examined before applying a procedural provision to a pending matter.