Section 227 BNSS: Issue of process
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 227 BNSS at a Glance
Section 227 BNSS deals with issue of process. It replaced Section 204 CrPC on 1 July 2024.
Section 227 BNSS Bare Act Text
(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.
Source: Section 227, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 227 BNSS in Simple Words
Section 227 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs how a Magistrate taking cognizance of an offence issues process when, in the opinion of the Magistrate, there is sufficient ground for proceeding. In a summons-case, the Magistrate shall issue a summons to the accused for his attendance.
In a warrant-case, the Magistrate may issue a warrant or, if he thinks fit, a summons, and the proviso to Section 227(1) BNSS provides that summons or warrants may also be issued through electronic means. Section 227 BNSS also bars issuing process until a prosecution witness list is filed and payable fees are paid, requires a written complaint copy, and leaves Section 90 BNSS unaffected.
When Section 227 BNSS Applies
- 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.
- 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.
- The proviso to Section 227(1) BNSS provides that summons or warrants may also be issued through electronic means.
- 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.
- 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.
- 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 Under Section 227 BNSS
- 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”
Example of Section 227 BNSS
When Section 227 BNSS Does Not Apply
- Process cannot be issued under Section 227(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 when, in the opinion of the Magistrate taking cognizance of an offence, there is no sufficient ground for proceeding.
- A summons or warrant under Section 227(1) BNSS cannot be issued against the accused under Section 227(2) BNSS when a list of the prosecution witnesses has not been filed.
- No process can be issued under Section 227(4) BNSS when process-fees or other fees payable by any law for the time being in force have not been paid.
- Section 227 BNSS does not affect the operation of Section 90 BNSS, which Section 227(5) BNSS expressly leaves untouched.
Section 227 BNSS in the CrPC (Previous Law)
Section 227 BNSS replaced Section 204 CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 227 BNSS
Does Section 227 BNSS require a Magistrate to issue summons or warrants through electronic means?▼
No. The proviso to Section 227(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 states that summons or warrants may also be issued through electronic means. It uses the word may, so electronic issue is a further way of issuing a summons or warrant under Section 227(1) BNSS, and the proviso does not require it.
What preconditions must be met before a summons or warrant is issued under Section 227 BNSS?▼
Under Section 227(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Magistrate taking cognizance of an offence must be of the opinion that there is sufficient ground for proceeding. In addition, Section 227(2) BNSS provides that no summons or warrant shall be issued against the accused until a list of the prosecution witnesses has been filed. Further, under Section 227(4) BNSS, when any process-fees or other fees are payable by any law for the time being in force, no process shall be issued until the fees are paid.
When must a copy of the complaint be sent with a summons or warrant under Section 227 BNSS?▼
Section 227(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies in a proceeding instituted upon a complaint made in writing. In such a proceeding, every summons or warrant issued under Section 227(1) BNSS shall be accompanied by a copy of such complaint.
What changed from Section 204 CrPC to Section 227 BNSS from 1 July 2024?▼
From 1 July 2024, Section 227 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 204 of the Code of Criminal Procedure, 1973 and added the proviso to Section 227(1) BNSS, which provides that summons or warrants may also be issued through electronic means. Section 227(1)(a) BNSS also makes a minor change of form in wording, and Section 227(5) BNSS updates the saving cross-reference to Section 90 BNSS, while the remaining rules in Section 227(1)(b) BNSS, Section 227(2) BNSS, Section 227(3) BNSS, and Section 227(4) BNSS remain unchanged.
Section 227 BNSS: Sub-sections Explained
Section 227(1) BNSS: Issue of process
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Bare Act Text
(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.
Section 227(2) BNSS: Issue of process
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Bare Act Text
(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.
Section 227(3) BNSS: Issue of process
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Bare Act Text
(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.
Section 227(4) BNSS: Issue of process
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Bare Act Text
(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.
Section 227(5) BNSS: Issue of process
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Bare Act Text
(5) Nothing in this section shall be deemed to affect the provisions of section 90.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·