Chapter 17: Bharatiya Nagarik Suraksha Sanhita, 2023

CHAPTER XVII: COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES

Section 227: Issue of process

• Sub-section (1):
  • Simple English: This is the “entry” for a good complaint. If the Magistrate (after the inquiry) is of the opinion that there is “sufficient ground for proceeding”:
  • (a) Summons-case (minor offence): The Magistrate shall issue a summons (a formal letter) ordering the accused to appear.
  • (b) Warrant-case (serious offence): The Magistrate may issue a warrant (an arrest order) or, if they think a warrant is too harsh, a summons.
  • Proviso (New): The summons or warrant can be issued and served electronically (e.g., via email or a secure portal).
  • Real-World Example: The Magistrate believes the cheating complaint (from the Sec 225 example) is valid. Since cheating is a serious “warrant-case,” the Magistrate issues a warrant for the accused’s arrest.
• Sub-section (2):
  • Simple English: A Magistrate cannot issue the summons or warrant until the complainant has filed a list of all the prosecution witnesses they plan to call.
• Sub-section (3):
  • Simple English: When the summons or warrant is served on the accused, it must have a copy of the original complaint attached, so the accused knows exactly what they are being accused of.
• Sub-section (4):
  • Simple English: If the law requires court fees to be paid (for filing the complaint or issuing summons), and the complainant doesn’t pay them within a reasonable time, the Magistrate can dismiss the complaint.
• Sub-section (5):
  • Simple English: This section doesn’t affect the court’s power to issue a warrant instead of a summons in the first place (under Section 90) if the accused is likely to run away.

Section 228: Magistrate may dispense with personal attendance of accused

• Sub-section (1):
  • Simple English: When a Magistrate issues a summons, they can, if they see a good reason, “dispense with” (waive) the personal attendance of the accused and allow them to appear through their advocate.
  • Real-World Example: An accused in a minor case lives 500 km away. To save them the trouble and expense of traveling for every simple hearing, the Magistrate passes an order allowing their local lawyer to represent them.
• Sub-section (2):
  • Simple English: Even if personal attendance was waived, the Magistrate always has the power to order the accused to appear in person at any stage of the case if they feel it’s necessary (e.g., for framing charges or passing a judgment).

Section 229: Special summons in cases of petty offence

• Sub-section (1):
  • Simple English: This is a time-saving procedure for “petty offences.” If a Magistrate believes the case can be disposed of summarily (quickly), they can issue a “special summons.” This summons gives the accused two options:
    1. Appear in court in person or by lawyer.
    2. Not appear, but instead plead guilty by sending a letter (by post or messenger) with the fine amount written in the summons.
  • Real-World Example: You are accused of a minor offence (e.g., creating a small nuisance, BNS 292). You receive a summons that says, “You are ordered to appear… or you may plead guilty by sending a fine of ₹1,000 to the court before the hearing date.” You mail the ₹1,000, and the case is closed.
• Sub-section (1), Proviso:
  • Simple English: The pre-set fine amount in such a summons cannot be more than five thousand rupees.
• Sub-section (2):
  • Simple English: A “petty offence” for this section means any crime punishable only with a fine not exceeding ₹5,000. (This does not include Motor Vehicles Act offences, which have their own rules for “e-challans”).
• Sub-section (3):
  • Simple English: The State Government can give Magistrates the power to use this “plead-by-post” system for slightly more serious (but still minor) offences, like those compoundable (settleable) or punishable with less than 3 months in jail, if the Magistrate thinks a fine is enough.
  • Real-World Example: The government might notify that this special summons can be used for “petty theft” (BNS 303), allowing the person to just pay a fine and avoid a lengthy trial.

Section 230: Supply to accused of copy of police report and other documents

This is one of the most important sections for ensuring a fair trial. It is the accused person’s right to discovery.

• Simple English: In any case that was started on a police report (a chargesheet), the Magistrate must furnish (give) the accused, and the victim (if they have a lawyer), a free copy of everything the prosecution has.
• Timeline: This must be done without delay and no later than 14 days from the date the accused first appears in court.
• The List of Documents (i-v):
  • (i) The Police Report: The final chargesheet.
  • (ii) The First Information Report (FIR): The initial complaint.
  • (iii) The statements recorded under Section 180: This is the entire set of written statements from all witnesses the police plan to call.
  • (iv) The confessions and statements recorded under Section 183: Any confessions made by the accused or key witness statements recorded by a Magistrate.
  • (v) Any other document: This includes all other evidence, such as:
    • Forensic lab (FSL) reports.
    • Medical (MLC) reports / Post-mortem reports.
    • Seizure memos / Panchnamas (lists of items seized).
    • Copies of electronic data (CCTV footage, call records).
• Real-World Example: A person is arrested for robbery and brought to court. Within 14 days, the Magistrate must ensure the person’s lawyer is given a full, indexed 500-page file containing the chargesheet, FIR, statements from all 15 witnesses, the forensic report on the weapon, the CCTV footage, and the victim’s medical report. This is non-negotiable and essential for the accused to prepare their defense.
• First Proviso:
  • Simple English: This refers back to Section 193(7). If the police requested to hold back a sensitive part of a statement (like an informant’s name) and the Magistrate agrees, that part can be excluded from the copies.
• Second Proviso:
  • Simple English: If a document is voluminous (e.g., a 5,000-page bank record), the Magistrate doesn’t have to provide a physical copy. They can either provide it electronically (e.g., on a pen drive) or just allow the accused’s lawyer to inspect (examine) the original document in the court’s record room.
• Third Proviso:
  • Simple English: Providing documents in electronic form (like a PDF) is considered a valid and complete supply.

Section 231: Supply of copies of statements and documents to accused in other cases triable by Court of Session

This section is the “supply of copies” rule for cases started by a private complaint (not a police FIR) that are very serious.

• Simple English: In a case started by a private complaint, if it appears to the Magistrate that the offence is so serious it must be tried by the Court of Session (e.g., a private complaint for “attempt to murder”), the Magistrate must give the accused free copies of all documents the prosecution will rely on.
• The List of Documents (i-iii):
  • (i) The statements recorded under oath by the Magistrate (from the complainant and their witnesses, as per Sec 223 or 225).
  • (ii) Any confessions or statements recorded by a Magistrate (under Sec 180 or 183), if any exist.
  • (iii) Any other documents the complainant has produced to the court as evidence.
• Real-World Example: A person files a private complaint for a very serious offence. The Magistrate examines five witnesses on oath. When the accused appears, the Magistrate must give the accused’s lawyer free copies of the sworn statements of all five witnesses and any medical reports the complainant submitted as evidence.
• First Proviso:
  • Simple English: If a document is “voluminous” (e.g., 5,000 pages of bank records), the Magistrate doesn’t have to provide a physical photocopy. Instead, they can just order that the accused’s lawyer is allowed to inspect the original document in the court’s record room.
• Second Proviso:
  • Simple English: Providing the documents in electronic form (like a PDF on a pen drive) is considered a valid and complete supply.

Section 232: Commitment of case to Court of Session when offence is triable exclusively by it

This is the formal “handover” or “transfer” of a serious case from the Magistrate’s court (which cannot try it) up to the Sessions Court (which can). This is called “committal.”

• Simple English: When an accused person appears before a Magistrate in any case (started by police or private complaint) and the Magistrate sees that the offence is one that only a Court of Session can try (like murder, rape, dacoity, etc.), the Magistrate must do the following:
• (a) “Commit” (formally send) the case up to the Court of Session. This can only be done after the Magistrate has first supplied all the documents to the accused (under Sec 230 or 231). The Magistrate will also remand the accused to custody (jail) until the Sessions Court takes over (unless the accused gets bail).
• (b) Order the accused to be kept in custody during and until the end of the trial (this is a standard order, but it is always subject to the rules of bail).
• (c) Send the entire official record of the case (all files, statements, and evidence like seized weapons) to the Sessions Court.
• (d) Notify the Public Prosecutor (the government’s top trial lawyer in the district) that the case has been committed, so they can prepare for the trial.
• Real-World Example: Police file a chargesheet for murder. This is filed first before a Magistrate. The Magistrate’s only job is to check that all copies of the chargesheet, post-mortem report, witness statements, etc., have been given to the accused’s lawyer. Once that is done, the Magistrate signs an order: “The case is hereby committed to the Hon’ble Court of Session for trial.” The case file is then physically sent to the Sessions Judge, who will start the trial.
• First Proviso:
  • Simple English: This is a new mandatory timeline. The Magistrate must complete this “committal” process within 90 days from the date they first took cognizance of the case.
  • Exception: This can be extended up to 180 days, but the Magistrate must write down the reasons for the delay. This prevents cases from getting stuck in the Magistrate’s court for years.
• Second Proviso:
  • Simple English: This is another new rule. If the victim or the accused filed any application with the Magistrate (e.g., a bail application, or an application to get a specific document), the Magistrate must forward that pending application to the Sessions Court along with the main case file.

Section 233: Procedure to be followed when there is a complaint case and police investigation in respect of same offence

This section handles a common situation often called a “cross-case”: a private complaint and a police FIR about the exact same incident.

• Sub-section (1):
  • Simple English: If a Magistrate is in the middle of an inquiry or trial for a private complaint, and it’s brought to their attention that the police are also investigating the same offence (from an FIR), the Magistrate must “stay” (pause) their own proceedings and call for a report from the police.
  • Real-World Example: A fight breaks out. ‘A’ files a private complaint in court against ‘B’ for assault. At the same time, ‘B’ goes to the police station and files an FIR against ‘A’. When the Magistrate in ‘A’s case finds out about the FIR, he pauses his case and orders the police, “Submit your investigation report to this court.”
• Sub-section (2):
  • Simple English: If the police file a chargesheet (a “police report”) and the Magistrate takes cognizance of it, the Magistrate must try both cases (the private complaint and the police case) together, exactly as if they were both started by the police.
  • Real-World Example: The police file their chargesheet against ‘A’. The Magistrate now has two cases about the same fight. The Magistrate will “club” them and hold one single trial to hear both sides and decide who is at fault.
• Sub-section (3):
  • Simple English: If the police file a “closure report” (saying no crime happened in their investigation), the Magistrate will set the police report aside and resume the private complaint case that they had paused.