35 exam-style questions on this chapter, written from the actual legal text and tagged for UPSC, Judiciary and CLAT. Five are shown below with answers and explanations — the rest are in the free interactive drill.
Q1 · easy · BNSS S.227
Under section 227(1)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023, if a Magistrate taking cognizance finds the case to be a summons-case, what is he required to do?
- A.Issue summons to the accused for his attendance✓ correct
- B.Issue a warrant to bring the accused before the court
- C.Dismiss the complaint for want of evidence
- D.Direct the police to arrest the accused
Why: Section 227(1)(a) states that if the case appears to be a summons-case, the Magistrate "shall issue summons to the accused for his attendance." This is a mandatory direction for summons-cases.
Read Section 227 — Issue of process →Q2 · easy · BNSS S.227
According to section 227(2), which of the following must be filed before any summons or warrant is issued under subsection (1)?
- A.A copy of the accused's prior criminal record
- B.A bail bond signed by the complainant
- C.A list of the prosecution witnesses✓ correct
- D.A written consent from the public prosecutor
Why: Section 227(2) expressly provides that "No summons or warrant shall be issued ... until a list of the prosecution witnesses has been filed." Therefore filing the list of prosecution witnesses is required before issuing process.
Read Section 227 — Issue of process →Q3 · medium · BNSS S.227
If a Magistrate considers the case to be a warrant-case under section 227(1)(b), which of the following correctly states his options?
- A.He must issue a warrant and cannot issue a summons
- B.He may issue a warrant, or, if he thinks fit, issue a summons✓ correct
- C.He may issue only a summons because warrants are disallowed
- D.He must obtain the District Judge’s permission before issuing any process
Why: Section 227(1)(b) says that where the case appears to be a warrant-case, the Magistrate "may issue a warrant, or, if he thinks fit, a summons." This gives the Magistrate discretion to issue either process as he deems appropriate.
Read Section 227 — Issue of process →Q4 · medium · BNSS S.227
When a Magistrate taking cognizance has no jurisdiction himself, what does section 227(1) permit him to do regarding issuance of process?
- A.He cannot issue any summons or warrant at all
- B.He may issue process but only for appearance before himself
- C.He must transfer the complaint to the police for investigation
- D.He may issue a summons or warrant to cause the accused to appear before some other Magistrate having jurisdiction✓ correct
Why: Section 227(1) provides that the Magistrate shall issue process "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." Thus a Magistrate without jurisdiction may issue process to bring the accused before a Magistrate who has jurisdiction.
Read Section 227 — Issue of process →Q5 · hard · BNSS S.227
What does section 227(5) state about the relationship between section 227 and section 90?
- A.Section 227 overrides and replaces the provisions of section 90
- B.Section 227 supplements section 90 but modifies its application
- C.Nothing in section 227 shall be deemed to affect the provisions of section 90✓ correct
- D.Section 90 is rendered inapplicable by operation of section 227
Why: Section 227(5) explicitly states: "Nothing in this section shall be deemed to affect the provisions of section 90." Hence section 227 does not affect or override the provisions of section 90.
Read Section 227 — Issue of process →30 more questions on Commencement Of Proceedings Before Magistrates
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