CrPC 204→BNSS 227

CrPC 204 to BNSS 227: Issue of process

Section 204 CrPC (1973) replaced by Section 227 BNSS (2023)

View CrPC Section 204 →View BNSS Section 227 →

CrPC 204 to BNSS 227 at a Glance

Section 204 CrPC (Issue of process) is now Section 227 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 204 to BNSS 227?

From 1 July 2024, Section 204 of the Code of Criminal Procedure, 1973 became Section 227 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 227(1) BNSS adds a new proviso with no source in Section 204 CrPC, providing that summons or warrants may also be issued through electronic means. The other differences are changes of form, namely the renumbering of the section, minor rewording in Section 227(1)(a) BNSS, and the renumbered cross-reference in Section 227(5) BNSS from Section 87 CrPC to Section 90 BNSS. The rules in Section 227(1)(b) BNSS, Section 227(2) BNSS, Section 227(3) BNSS, and Section 227(4) BNSS are unchanged.

CrPC 204 vs BNSS 227: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section204227
HeadingIssue of processSame
Sub-sections5 sub-sectionsSame
Cross-referencess.87s.90

CrPC 204 and BNSS 227: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 204, CrPC 1973

204. 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 his summons for the attendance of the accused, 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. (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 87.
BNSS 2023 (in force)

Section 227, BNSS 2023

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.

When It Applies: CrPC 204 vs BNSS 227

Under CrPC 204
  1. Under Section 204(1)(a) of the Code of Criminal Procedure, 1973, when a Magistrate taking cognizance of an offence is of the opinion that there is sufficient ground for proceeding and the case appears to be a summons-case, the Magistrate shall issue a summons to the accused to attend.
  2. When a Magistrate taking cognizance of an offence is of the opinion that there is sufficient ground for proceeding and the case appears to be a warrant-case, Section 204(1)(b) CrPC allows the Magistrate to issue a warrant, or if he thinks fit a summons, to have the accused brought or appear at a certain time before that Magistrate or, where that Magistrate lacks jurisdiction, before another Magistrate having jurisdiction.
  3. Before any summons or warrant can be issued against the accused under Section 204(1) CrPC, a list of the prosecution witnesses shall be filed as required by Section 204(2) CrPC.
  4. Where a proceeding is started on a complaint made in writing, Section 204(3) CrPC requires that every summons or warrant issued under Section 204(1) CrPC shall have a copy of that complaint attached to it.
  5. Where any law for the time being in force makes process-fees or other fees payable, Section 204(4) CrPC bars issuing process until those fees are paid and permits the Magistrate to dismiss the complaint if they are not paid within a reasonable time.
  6. Section 204(5) CrPC clarifies that none of the rules in Section 204 CrPC shall be deemed to affect the provisions of Section 87 CrPC.
Under BNSS 227
  1. Under Section 227(1)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023, when a Magistrate taking cognizance of an offence is of the opinion that there is sufficient ground for proceeding and the case appears to be a summons-case, the Magistrate shall issue a summons to the accused to attend.
  2. When a Magistrate taking cognizance of an offence is of the opinion that there is sufficient ground for proceeding and the case appears to be a warrant-case, Section 227(1)(b) BNSS empowers the Magistrate to 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 that Magistrate or, where that Magistrate lacks jurisdiction, before another Magistrate having jurisdiction.
  3. The proviso to Section 227(1) BNSS provides that summons or warrants may also be issued through electronic means.
  4. Before any summons or warrant can be issued against the accused under Section 227(1) BNSS, a list of the prosecution witnesses shall be filed as required by Section 227(2) BNSS.
  5. Where a proceeding is instituted upon a complaint made in writing, Section 227(3) BNSS requires that every summons or warrant issued under Section 227(1) BNSS shall have a copy of that complaint attached to it.
  6. Where process-fees or other fees are payable under any law for the time being in force, Section 227(4) BNSS bars issuing process until the fees are paid and allows the Magistrate to dismiss the complaint if they are not paid within a reasonable time, while Section 227(5) BNSS leaves the provisions of Section 90 BNSS unaffected.

Time Limits: CrPC 204 to BNSS 227

Under CrPC 204
  • Under Section 204(4) of the Code of Criminal Procedure, 1973, if payable process-fees or other fees are not paid within a reasonable time, the Magistrate may dismiss the complaint.Act text: “if such fees are not paid within a reasonable time, the Magistrate may dismiss the complaint”
Under BNSS 227
  • Under Section 227(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023, if payable process-fees or other fees are not paid within a reasonable time, the Magistrate may dismiss the complaint.Act text: “if such fees are not paid within a reasonable time, the Magistrate may dismiss the complaint”

What CrPC 204 to BNSS 227 Means in Practice

From 1 July 2024, the law governing the issue of process by a Magistrate taking cognizance of an offence is found in Section 227 of the Bharatiya Nagarik Suraksha Sanhita, 2023 instead of Section 204 of the Code of Criminal Procedure, 1973. While the requirement of sufficient ground for proceeding, the witness list rule, the written complaint copy rule, and the fee payment rule remain unchanged, a Magistrate under Section 227(1) BNSS may also issue summons or warrants through electronic means.

FAQs: CrPC 204 to BNSS 227

What new provision was added when Section 204 CrPC became Section 227 BNSS?▼

Section 227(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 added a new proviso that did not exist in Section 204 of the Code of Criminal Procedure, 1973. The proviso states that summons or warrants may also be issued through electronic means. It uses the word may, so it adds electronic issue as a further way of issuing process.

Did the rules on witness lists, written complaint copies, or process-fees change between Section 204 CrPC and Section 227 BNSS?▼

No. The rules in Section 204(2) CrPC, Section 204(3) CrPC, and Section 204(4) CrPC of the Code of Criminal Procedure, 1973 are unchanged in Section 227(2) BNSS, Section 227(3) BNSS, and Section 227(4) BNSS of the Bharatiya Nagarik Suraksha Sanhita, 2023. No summons or warrant shall be issued until a list of the prosecution witnesses is filed, process on a complaint made in writing shall be accompanied by a copy of such complaint, and no process shall be issued until payable fees are paid.

Why does Section 227(5) BNSS refer to Section 90 instead of Section 87 as in Section 204(5) CrPC?▼

In Section 204(5) of the Code of Criminal Procedure, 1973, the statute stated that nothing in Section 204 CrPC shall be deemed to affect the provisions of Section 87 CrPC. In Section 227(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023, that cross-reference is updated to Section 90 BNSS. This is a change of form caused by the renumbering of sections in the Sanhita, and the saving rule itself is unchanged.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·