Issue of Process Under BNSS

Section 227 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 governs the “issue of process” before a Magistrate once cognizance of an offence has been taken. It corresponds to Section 204 of the Code of Criminal Procedure, 1973 (CrPC), with the notable addition of a proviso permitting summons or warrants to be issued through electronic means. This paper examines the statutory framework of Section 227, its relationship with the preceding provisions on cognizance and pre-summoning inquiry (Sections 210, 223, 225 and 226 BNSS), the judicially evolved standard of a ‘prima facie case’, the extent of the Magistrate’s duty to apply judicial mind, the grounds on which an order issuing process may be assailed, and the remedies available against an erroneous order. The paper also surveys recent decisions of the Supreme Court and High Courts, several of which continue to apply the settled CrPC jurisprudence to the new BNSS regime.