Code:
(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.
Explanation:
This section outlines the procedures for issuing summons or warrants in criminal cases. It dictates the actions a Magistrate must take when initiating proceedings against an accused individual.
Cognizance of Offence: The Magistrate must determine if there’s sufficient ground to proceed with the case based on the reported offence.
Summons-Case: If the court deems the case a summons case (for less serious offenses), the Magistrate issues a summons that requires the accused to appear in court.
Warrant-Case: For warrant-cases (more serious offences), the Magistrate can issue a warrant for the accused’s arrest or, at their discretion, a summons. When the Magistrate lacks jurisdiction, the court can transfer the case to another Magistrate who has the relevant jurisdiction.
List of Witnesses: Before issuing any summons or warrant, the Magistrate must receive a list of the prosecution witnesses from the complainant.
Copy of Complaint: In cases initiated through a written complaint, the summons or warrant must be accompanied by a copy of the complaint. Electronic issuance of summons or warrants is also permitted.
Process Fees: Any process fees or other fees prescribed by law must be paid before issuing any process. Failure to pay within a reasonable time may result in the dismissal of the complaint.
Section 90: This section doesn’t affect the provisions of Section 90, which deals with the issue of warrants in specific circumstances.
Illustration:
Suppose a person reports a case of theft to a Magistrate. The Magistrate, after reviewing the complaint, believes there’s sufficient ground to proceed. Since the theft is classified as a warrant case, the Magistrate may issue a warrant to arrest the accused. However, before issuing the warrant, the Magistrate would request a list of witnesses from the complainant.
Common Questions and Answers:
- Q: What is the difference between a summons-case and a warrant-case?
- A: Courts typically hear summons cases for less serious offenses without requiring immediate arrest. Warrant-cases, on the other hand, involve more serious offences where the Magistrate has the power to issue an arrest warrant.
- Q: Can a Magistrate issue a summons instead of a warrant in a warrant-case?
- A: Yes, Section 227(1)(b) provides the Magistrate with the discretion to issue a summons even in warrant-cases if they deem it appropriate.
- Q: Why is a list of witnesses required before issuing summons or warrants?
- A: This ensures that the prosecution is prepared with their witnesses. The accused is aware of the individuals who will be testifying against them.
