Section 227 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 227 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Provision:
Section 227 of the BNSS, 2023, outlines the procedure for issuing process (summons or warrants) after a Magistrate has taken cognizance of an offense. It is analogous to Section 204 of the Indian Penal Code (IPC)
Key Provisions:
Issuance of Process:
If a Magistrate, upon taking cognizance of an offense, finds sufficient grounds to proceed:
Summons-case: The Magistrate shall issue a summons to the accused for their attendance.
Warrant-case: The Magistrate may issue a warrant or, if deemed appropriate, a summons to cause the accused to appear at a specified time before the Magistrate or another Magistrate with jurisdiction.
Electronic Issuance:
Summons or warrants may be issued through electronic means, facilitating modern communication methods
Preconditions for Issuance:
No summons or warrant shall be issued unless a list of the prosecution witnesses has been filed.
Accompanying Documents:
In proceedings initiated upon a written complaint, every summons or warrant issued must be accompanied by a copy of the complaint.
Process Fees:
If any process fees are payable under existing laws, no process shall be issued until the fees are paid.
Failure to pay the fees within a reasonable time may lead to the dismissal of the complaint.
Exceptions:
Nothing in this section affects the provisions of Section 90 of the BNSS, 2023.
Comparison with CrPC:
| Provision | BNSS, Section 227 | CrPC, Section 204 |
|---|---|---|
| Summons-case procedure | Magistrate shall issue summons | Magistrate shall issue summons |
| Warrant-case procedure | Magistrate may issue warrant or summons | Magistrate may issue warrant or summons |
| Electronic issuance | Permitted | Permitted |
| Preconditions for issuance | Witness list must be filed | Witness list must be filed |
| Accompanying documents | Copy of complaint required | Copy of complaint required |
| Process fees | Fees must be paid before issuance | Fees must be paid before issuance |
| Exceptions | Section 90 provisions unaffected | Section 90 provisions unaffected |
Illustrative Example:
Scenario: An individual named Ravi is accused of committing theft in a market in Pune.
Application of Section 227:
Summons-case: If the offense is classified as a summons-case, the Magistrate in Pune shall issue a summons to Ravi for his attendance.
Warrant-case: If the offense is classified as a warrant-case, the Magistrate may issue a warrant or, if deemed appropriate, a summons for Ravi to appear at a specified time before the Magistrate or another Magistrate with jurisdiction.(
Conclusion:
Section 227 of the BNSS, 2023, provides a structured approach for Magistrates to initiate proceedings against accused individuals, ensuring that due process is followed and that the rights of the accused are protected. By aligning with the provisions of the CrPC, it maintains consistency in the legal framework governing criminal procedures.
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