Bharatiya Nagarik Suraksha Sanhita
Chapter 17
Commencement of Proceedings before Magistrates
Section 227 • Issue of process.
Description
. (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
📖 Understanding This Section
This section is part of Bharatiya Nagarik Suraksha Sanhita, Chapter 17 (Commencement of Proceedings before Magistrates). Legal provisions are subject to interpretation by courts and may be amended by legislation. For specific legal advice regarding this section, please consult a qualified legal professional.
