Section 227 BNSS: Issue of process (Formerly Section 204 CrPC)

Section 227 of Bharatiya Nagarik Suraksha Sanhita, 2023: Issue of process

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Summons-Case Sec 2(1)(u) Warrant-Case Sec 2(1)(x)

Legal Commentary & Landmark Judgments: Section 227

Section 227 of the Bharatiya Nagarik Suraksha Sanhita, 2023 authorizes the issuance of process (summons or warrant) to compel the appearance of the accused upon taking cognizance.

Process Issuance & Attendance: Sub-section (2) prohibits the issuance of any summons or warrant until a list of prosecution witnesses has been filed.
Operational Mechanism & Scope: Sub-section (3) mandates that every summons or warrant shall be accompanied by a copy of the complaint.

This statutory framework establishes clear operational guidelines, balancing legal compliance with procedural safeguards.

Key Landmark Precedents:

Pepsi Foods Ltd. v. Special Judicial Magistrate (1998) 5 SCC 749: The Supreme Court held that summoning an accused in a criminal case is a serious matter; the order of the Magistrate summoning the accused must reflect judicial application of mind and cannot be passed mechanically.
Birla Corporation Ltd. v. Adventz Investments and Holdings Ltd. (2019) 16 SCC 610: Reaffirmed that the Magistrate must scrutinize the complaint allegations, inquiry report, and legal ingredients carefully before issuing process, preventing abuse of judicial machinery.

Legal Commentary:

Section 227 marks the formal initiation of criminal proceedings against the accused. Summoning orders that are mechanical, printed on standard fill-in-the-blanks templates, or passed without examining statutory ingredients are routinely quashed by High Courts under Section 528.