Section 227 of BNSS : Section 227: Issue of process.

BNSS

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Explanation using Example

Example 1:

Scenario: Ramesh files a written complaint against Suresh for cheating him in a business deal.

  1. Magistrate's Opinion: The Magistrate reviews the complaint and finds sufficient grounds to proceed with the case.
  2. Summons-Case: Since cheating is considered a summons-case, the Magistrate issues a summons to Suresh, requiring him to appear in court on a specified date.
  3. Prosecution Witnesses List: Before issuing the summons, the prosecution submits a list of witnesses who will testify against Suresh.
  4. Complaint Copy: The summons sent to Suresh includes a copy of Ramesh's written complaint.
  5. Process Fees: Ramesh pays the required process fees. If he fails to do so within a reasonable time, the Magistrate has the authority to dismiss the complaint.

Example 2:

Scenario: Priya files a written complaint against her neighbor, Anil, for causing grievous hurt during a dispute.

  1. Magistrate's Opinion: The Magistrate examines the complaint and determines there are sufficient grounds to proceed.
  2. Warrant-Case: Since causing grievous hurt is a warrant-case, the Magistrate decides to issue a warrant for Anil's arrest to ensure his appearance in court.
  3. Prosecution Witnesses List: The prosecution provides a list of witnesses who will support Priya's allegations.
  4. Complaint Copy: The warrant issued to Anil is accompanied by a copy of Priya's written complaint.
  5. Process Fees: Priya pays the necessary process fees. If she does not pay within a reasonable time, the Magistrate may dismiss her complaint.

Example 3:

Scenario: A company files a written complaint against an employee, Raj, for embezzlement of funds.

  1. Magistrate's Opinion: The Magistrate reviews the complaint and finds sufficient grounds to proceed.
  2. Warrant-Case: Embezzlement is a serious offense, so the Magistrate issues a warrant for Raj's arrest to ensure he appears in court.
  3. Prosecution Witnesses List: The company submits a list of witnesses, including auditors and other employees, who will testify against Raj.
  4. Complaint Copy: The warrant issued to Raj includes a copy of the company's written complaint.
  5. Process Fees: The company pays the required process fees. If the fees are not paid within a reasonable time, the Magistrate has the authority to dismiss the complaint.

Example 4:

Scenario: Sunita files a written complaint against her landlord, Ravi, for illegally evicting her from her rented apartment.

  1. Magistrate's Opinion: The Magistrate examines the complaint and finds sufficient grounds to proceed.
  2. Summons-Case: Illegal eviction is considered a summons-case, so the Magistrate issues a summons to Ravi, requiring him to appear in court on a specified date.
  3. Prosecution Witnesses List: Sunita provides a list of witnesses, including neighbors and friends, who will testify about the illegal eviction.
  4. Complaint Copy: The summons sent to Ravi includes a copy of Sunita's written complaint.
  5. Process Fees: Sunita pays the necessary process fees. If she fails to pay within a reasonable time, the Magistrate may dismiss her complaint.