Section 204 CrPC: Issue of process
Code of Criminal Procedure, 1973
Section 204 CrPC at a Glance
Section 204 CrPC deals with issue of process. From 1 July 2024 it is replaced by Section 227 BNSS.
What Section 204 CrPC Says
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.
Source: Section 204, Code of Criminal Procedure, 1973
Section 204 CrPC in Simple Words
Section 204 of the Code of Criminal Procedure, 1973 governs when and how a Magistrate issues process to compel an accused person to appear after taking cognizance of an offence.
When the Magistrate forms the opinion that there is sufficient ground for proceeding, the Magistrate shall issue a summons in a summons-case, and may issue a warrant or, if he thinks fit, a summons in a warrant-case.
Section 204 CrPC also bars issuing process until a list of the prosecution witnesses is filed and any payable fees are paid, requires a copy of a written complaint to go with each summons or warrant, and leaves Section 87 CrPC unaffected.
When Section 204 CrPC Applies
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
Time Limits Under Section 204 CrPC
- 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”
Example of Section 204 CrPC
When Section 204 CrPC Does Not Apply
- Process cannot be issued under Section 204(1) of the Code of Criminal Procedure, 1973 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 204(1) CrPC cannot be issued against the accused under Section 204(2) CrPC when a list of the prosecution witnesses has not been filed.
- No process can be issued under Section 204(4) CrPC when process-fees or other fees payable by any law for the time being in force have not been paid.
- Section 204 CrPC does not affect the operation of Section 87 CrPC, which Section 204(5) CrPC expressly leaves untouched.
Section 204 CrPC Under BNSS 227: What Changed
Section 204 CrPC is now covered under Section 227 BNSS.
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.
View detailed comparison (CrPC 204 vs BNSS 227) →FAQs on Section 204 CrPC
How does a Magistrate decide between issuing a summons and a warrant under Section 204 CrPC?▼
When a Magistrate taking cognizance of an offence is of the opinion that there is sufficient ground for proceeding, the type of process under Section 204(1) of the Code of Criminal Procedure, 1973 depends on the case. If the case appears to be a summons-case, Section 204(1)(a) CrPC provides that the Magistrate shall issue his summons for the attendance of the accused. If the case appears to be a warrant-case, Section 204(1)(b) CrPC provides that the Magistrate may issue a warrant, or if he thinks fit, a summons.
Can a summons or warrant be issued under Section 204 CrPC before a list of prosecution witnesses is filed?▼
No. Section 204(2) of the Code of Criminal Procedure, 1973 prohibits issuing any summons or warrant against the accused under Section 204(1) CrPC until a list of the prosecution witnesses has been filed. In addition, where a proceeding is instituted upon a complaint made in writing, Section 204(3) CrPC requires that every summons or warrant issued under Section 204(1) CrPC shall be accompanied by a copy of such complaint.
What happens under Section 204 CrPC if payable process-fees are not paid?▼
When any process-fees or other fees are payable by any law for the time being in force, Section 204(4) of the Code of Criminal Procedure, 1973 provides that no process shall be issued until the fees are paid. If such fees are not paid within a reasonable time, Section 204(4) CrPC gives the Magistrate the discretionary power that he may dismiss the complaint.
Which provision of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponds to Section 204 CrPC?▼
The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. From 1 July 2024, Section 204 CrPC on the issue of process is found in Section 227 BNSS, with Section 204(1) CrPC through Section 204(5) CrPC corresponding to Section 227(1) BNSS through Section 227(5) BNSS. Section 227(1) BNSS also adds a proviso that summons or warrants may also be issued through electronic means.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·