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; 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.
Why this exists
This provision continues a long-standing rule (earlier Section 204 of the Code of Criminal Procedure, 1973) that once a court decides a criminal complaint or police report discloses enough material to proceed, it must formally notify the accused so they can respond. The distinction between summons-cases (minor offences) and warrant-cases (serious offences) reflects a proportionality principle — lighter offences get a simple notice to appear, while serious offences may justify compelling attendance through arrest. The BNSS added two features not in the old law: explicit recognition of electronic issuance of summons/warrants (modernising court processes) and a mandatory requirement that the prosecution's witness list be filed before process is issued, aimed at reducing delay and ensuring the case is trial-ready earlier.
How courts read it
Under the predecessor provision (Section 204 CrPC), courts repeatedly held that issuing process is a serious judicial act requiring genuine application of mind — the Magistrate must show, even briefly, why there is sufficient ground to proceed, and cannot mechanically issue summons just because a complaint was filed. Courts also held that once cognizance is taken and process issued, it generally should not be recalled by the same Magistrate except in narrow circumstances, though higher courts retain powers to quash proceedings if issuance was clearly unjustified. These principles are expected to continue guiding interpretation of the corresponding BNSS provision, though specific judicial rulings on Section 227 BNSS itself are still developing.
Common misconceptions
- Myth: Issuing a warrant always means immediate arrest without any court appearance first.
Fact: Even in warrant-cases, the Magistrate has discretion to issue only a summons instead of a warrant, depending on the facts and seriousness of the matter. - Myth: A Magistrate can send a summons or warrant any time after a complaint is filed.
Fact: Under this section, process cannot be issued until the prosecution has filed its list of witnesses, and, where applicable, required fees have been paid.