BNSS §227
attendance of accused. Special summons in cases of petty offence.
Jump to section
Comparison
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. 1. Ins. by Act 25 of 2005, s. 19 (w.e.f. 23-6-2006).
(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.
227.
(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.
What changedAI-inferred
Issue of process.
Old position
CrPC 204 is concerned with Issue of process. Issue of process
New position
BNSS 227 preserves the framework with drafting modernisations as required by the new code. Topic: attendance of accused. Special summons in cases of petty offence.. If in the opinion of a Magistrate taking cognizance of an offence there is sufficient ground for proceeding, and the case appears to be
BNSS 227 (attendance of accused. Special summons in cases of petty offence.) preserves the framework of CrPC 204. BNSS 227 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 227 text: If in the...
Editorial deltaAI-indicated (source-linked)
BNSS 227 (attendance of accused. Special summons in cases of petty offence.) preserves the framework of CrPC 204. BNSS 227 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNSS 227 text: 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...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 204 continues to apply. For matters from that date forward, BNSS 227 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 227 (attendance of accused. Special summons in cases of petty offence.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §204 → BNSS §227 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/bnss/227.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.