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COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES

CHAPTER XVII

227. Issue of process

228. Magistrate may dispense with personal attendance of accused

229. Special summons in cases of petty offence

230. Supply to accused of copy of police report and other documents

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

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

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

Based on Chapter XVII (Commencement of Proceedings Before Magistrates) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), here are 30 preliminary-style questions designed to test your memory, logic, and understanding of Sections 227 to 233.

BNSS Chapter XVII: Smart Prelims Practice Set

I. Issue of Process & Attendance (Sections 227–228)

Q1. Under Section 227(1), if a Magistrate takes cognizance and there are sufficient grounds for proceeding in a "summons-case," he shall issue:

A) A warrant for the arrest of the accused.

B) A summons for the attendance of the accused.

C) A public proclamation in a newspaper.

D) A notice to the High Court.

Q2. In a "warrant-case," Section 227(1)(b) provides that the Magistrate may issue:

A) Only a warrant of arrest.

B) Only a summons.

C) A warrant or, if he thinks fit, a summons.

D) An order of attachment of property.

Q3. According to the NEW BNSS proviso in Section 227(1), summons or warrants may also be issued through:

A) Verbal orders by a police officer.

B) Electronic means.

C) Only through registered speed post.

D) Only through a Court Bailiff.

Q4. Under Section 227(3), no summons or warrant shall be issued against the accused until:

A) The accused has paid the Court fees.

B) A list of the prosecution witnesses has been filed.

C) The victim has signed the chargesheet.

D) The High Court has approved the investigation.

Q5. If a case is instituted upon a complaint, Section 227(2) mandates that every summons or warrant shall be accompanied by:

A) A copy of the FIR.

B) A copy of the medical report.

C) A copy of such complaint.

D) A photograph of the accused.

Q6. If the "process-fees" are not paid within a reasonable time, the Magistrate may:

A) Arrest the complainant.

B) Dismiss the complaint under Section 227(4).

C) Transfer the case to the District Magistrate.

D) Fine the witnesses.

Q7. Under Section 228(1), a Magistrate may dispense with the personal attendance of the accused if:

A) The accused is a high-ranking government official.

B) The Magistrate sees "reasons so to do" and issues a summons.

C) The accused is a minor child.

D) Only if the trial is for a non-cognizable offence.

Q8. If a Magistrate has dispensed with the personal attendance of an accused under Section 228, can he later require the accused to attend in person?

A) No, once dispensed, it is final.

B) Yes, at any stage of the proceedings.

C) Only during the delivery of the judgment.

D) Only with the permission of the Sessions Judge.

II. Petty Offences & Special Summons (Section 229)

Q9. Under Section 229, a "petty offence" for the purpose of special summons means any offence punishable only with fine not exceeding:

A) One thousand rupees.

B) Two thousand rupees.

C) Five thousand rupees.

D) Ten thousand rupees.

Q10. A special summons under Section 229 allows the accused to plead guilty without appearing by transmitting:

A) A video message to the Court.

B) A letter containing his plea and the fine specified.

C) A request for a plea bargain.

D) A verbal statement through a relative.

Q11. Which of the following is EXCLUDED from the definition of a "petty offence" under Section 229?

A) Offences under the Motor Vehicles Act.

B) Offences punishable with community service.

C) Offences where the fine is ₹4,000.

D) Both A and other laws providing for guilty pleas in absence.

Q12. If an accused desires to plead guilty through an advocate under Section 229, he must:

A) Inform the police station verbally.

B) Authorize the advocate in writing to make such plea and pay the fine.

C) Pay double the fine to avoid appearance.

D) Only appear via audio-video conferencing.

III. Supply of Documents to the Accused (Sections 230–231)

Q13. In a case instituted on a police report, Section 230 mandates that the Magistrate shall supply the police report and other documents to the accused:

A) Within seven days of arrest.

B) Within fourteen days from the date of production or appearance.

C) Only after the charges are framed.

D) On the day of judgment.

Q14. Which of the following documents is NOT specifically mentioned in Section 230 for supply to the accused?

A) The police report.

B) FIR recorded under Section 173.

C) Confessions and statements recorded under Section 183.

D) The personal diary of the victim.

Q15. Under the BNSS proviso to Section 230, if a document is "voluminous," the Magistrate may:

A) Refuse to supply it entirely.

B) Direct that the accused or his advocate be allowed to inspect it in Court or furnish copies through electronic means.

C) Require the accused to pay for its printing at market rates.

D) Order the police to summarize it into one page.

Q16. Section 231 deals with the supply of documents in cases instituted:

A) Only on a police report.

B) Otherwise than on a police report, where the offence is triable exclusively by the Court of Session.

C) Only in non-cognizable cases.

D) Only in petty cases.

Q17. Under Section 231, if documents are supplied in electronic form, they shall be considered:

A) Only as secondary evidence.

B) As duly furnished.

C) Valid only if printed and signed.

D) Invalid unless verified by a Magistrate.

Q18. If a Magistrate is satisfied that any part of a statement should be excluded from the accused (S. 230), he must:

A) Burn that part of the statement.

B) Consider the reasons given by the police officer and direct that a copy of that part be furnished or not.

C) Refer the matter to the High Court for every exclusion.

D) Ask the accused for permission to exclude it.

IV. Committal of Cases (Section 232)

Q19. Under Section 232, a Magistrate shall commit a case to the Court of Session if the offence is:

A) Punishable with more than 3 years' imprisonment.

B) Triable exclusively by the Court of Session.

C) A non-bailable offence.

D) Only if the accused is a proclaimed offender.

Q20. When committing a case under Section 232, the Magistrate is required to:

A) Acquit the accused if there is no evidence.

B) Remand the accused to custody during and until the conclusion of the trial (subject to bail).

C) Conduct a full trial and then send the judgment to the Sessions Court.

D) Decide the final punishment and then commit.

Q21. According to Section 232(d), the Magistrate must notify which authority of the commitment of the case?

A) The District Magistrate.

B) The Public Prosecutor.

C) The High Court Registrar.

D) The Superintendent of Police.

Q22. Case Law Check: According to the case law, does a committing Magistrate have the power to discharge the accused in a case triable exclusively by the Court of Session?

A) Yes, if he finds no grounds.

B) No, the committing Magistrate has no power to discharge in such cases (Sanjay Gandhi v. UOI logic).

C) Only if the police report suggests discharge.

D) Only in murder cases.

Q23. True or False: The stage of committal of a case to the Court of Session is considered a "stage of trial."

A) True.

B) False

(According to Hardeep Singh v. State, it is neither a stage of inquiry nor trial).

V. Concurrent Complaint & Police Cases (Section 233)

Q24. Under Section 233(1), if a Magistrate is inquiring into a complaint case and it appears that a police investigation is also in progress for the same offence, he shall:

A) Dismiss the complaint.

B) Stay the proceedings of the complaint case and call for a report from the police officer.

C) Merge the two cases immediately without staying anything.

D) Arrest the police officer.

Q25. If the police report under Section 193 relates to any person who is an accused in the complaint case, the Magistrate shall:

A) Try the cases separately in two different Courts.

B) Inquire into or try together both cases as if both were instituted on a police report.

C) Dismiss the police report.

D) Proceed only with the complaint case.

Q26. If the police report (Section 233(3)) does NOT relate to any accused in the complaint case, what must the Magistrate do?

A) Dismiss both cases.

B) Proceed with the stayed inquiry or trial of the complaint case.

C) Transfer both cases to the Sessions Court.

D) Release all accused persons.

Q27. Logic: Why does Section 233 require staying the complaint case?

A) To give the Magistrate a vacation.

B) To ensure the police can finish their work and prevent conflicting findings/double trials for the same transaction.

C) To protect the victim from police interference.

D) Only to wait for the forensic report.

VI. Scenario-Based & Problem-Solving

Q28. 'A' is accused of an offence triable exclusively by the Court of Session. The Magistrate discovers that the police report and statements have not been supplied to 'A' within 14 days. What is the duty of the Magistrate under Section 232?

A) He must dismiss the case.

B) He must commit the case immediately anyway.

C) He must comply with Section 230 or 231 (supply of documents) BEFORE committing the case.

D) He must fine the Investigating Officer.

Q29. An accused is issued a special summons for a petty offence under Section 229 with a specified fine of ₹3,000. The accused ignores the summons and fails to plead guilty or appear. What can the Magistrate do?

A) He must automatically convict the accused for ₹3,000.

B) He may issue a warrant of arrest to compel appearance for a standard trial.

C) He must double the fine.

D) He cannot take any further action.

Q30. 'B' files a private complaint for robbery. Simultaneously, the police file a chargesheet for the same robbery against the same person. The Magistrate decides to try them together under Section 233. How will the trial be treated?

A) As a complaint case.

B) As if both cases were instituted on a police report.

C) As a summary trial.

D) As a civil dispute.

Answer Key

  1. B (S. 227(1)(a))

  2. C (S. 227(1)(b))

  3. B (S. 227(1) Proviso)

  4. B (S. 227(3))

  5. C (S. 227(2))

  6. B (S. 227(4))

  7. B (S. 228(1))

  8. B (S. 228(2))

  9. C (S. 229(2))

  10. B (S. 229(1))

  11. D (S. 229(2) and (1) Proviso)

  12. B (S. 229(1))

  13. B (S. 230)

  14. D (S. 230)

  15. B (S. 230 Proviso 2)

  16. B (S. 231)

  17. B (S. 231 Proviso 2)

  18. B (S. 230 Proviso 1)

  19. B (S. 232)

  20. B (S. 232(a) and (b))

  21. B (S. 232(d))

  22. B (Sanjay Gandhi case law note at S. 232)

  23. B (Hardeep Singh case law note at S. 232)

  24. B (S. 233(1))

  25. B (S. 233(2))

  26. B (S. 233(3))

  27. B (Procedural logic)

  28. C (S. 232(a))

  29. B (Standard procedural rule under S. 227/90)

  30. B (S. 233(2))

Based on Chapter XVII (Commencement of Proceedings Before Magistrates) of the BNSS, 2023, here are 10 advanced problem-solving questions focusing on Sections 227 to 233.

BNSS Chapter XVII: Problem-Solving Practice Set

 

Q1. A Magistrate takes cognizance of an offence that is classified as a "warrant-case." After considering the facts, the Magistrate decides to issue a summons to the accused instead of a warrant to ensure attendance. Is this action legally valid?

A) No, in warrant-cases, the Magistrate must only issue a warrant of arrest.

B) Yes, under Section 227(1)(b), in a warrant-case, the Magistrate has the discretion to issue either a warrant or a summons.

C) No, the Magistrate must first obtain permission from the Sessions Judge to issue a summons in a warrant-case.

D) Yes, but only if the accused is a woman or a minor.

Q2. A private citizen files a complaint. The Magistrate takes cognizance and immediately issues a summons to the accused. However, the complainant has not yet filed a list of the prosecution witnesses. What is the legal status of the summons issued?

A) The summons is valid as long as the list is filed before the trial starts.

B) The summons is illegal because Section 227(3) mandates that no summons or warrant shall be issued against the accused until a list of the prosecution witnesses has been filed.

C) The summons is valid at the absolute discretion of the Magistrate.

D) The summons is only valid if the offence is a summons-case.

Q3. 'X' is an accused residing in a different state. The Magistrate, seeing sufficient reasons, dispenses with 'X's personal attendance under Section 228 and allows him to appear via his advocate. Later, during the stage of recording the evidence, the Magistrate decides that 'X' must be present in person. Can the Magistrate revoke the earlier dispensation?

A) No, once personal attendance is dispensed with, it cannot be revoked.

B) Yes, under Section 228(2), the Magistrate may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused.

C) No, the Magistrate can only require personal attendance at the stage of delivering the judgment.

D) Yes, but only if the High Court directs the Magistrate to do so.

Q4. 'A' is issued a special summons for a "petty offence" where the specified fine is ₹4,500. 'A' does not wish to appear in court and sends a letter through a messenger pleading guilty and enclosing the fine. Can the Magistrate legally convict 'A' in his absence?

A) No, the fine for a petty offence cannot exceed ₹1,000.

B) Yes, Section 229 allows for pleading guilty in absence for petty offences where the fine does not exceed ₹5,000.

C) No, the accused must appear in person to plead guilty regardless of the fine amount.

D) Yes, but only if the messenger is a blood relative of the accused.

Q5. In a case instituted on a police report, the accused appears before the Magistrate on June 1st. By June 20th, the accused has still not been provided with a copy of the FIR or the witness statements. The Magistrate claims these will be provided after the charges are framed. Is the Magistrate correct?

A) Yes, the supply of documents is only mandatory after charges are framed.

B) No, Section 230 mandates that the Magistrate shall supply these documents to the accused without delay and in no case later than fourteen days from the date of production or appearance.

C) Yes, provided the police report itself has been filed.

D) No, the documents must be supplied within 24 hours of the arrest.

Q6. During a trial, the prosecution submits that certain evidence consists of 10,000 pages of digital logs and physical documents. The Investigating Officer requests the Magistrate not to supply copies to the accused due to the volume. What can the Magistrate do under the BNSS?

A) The Magistrate must force the police to provide copies to the accused at the state's expense.

B) Under the second proviso to Section 230, if the document is voluminous, the Magistrate may direct that the accused be allowed only to inspect it in Court or furnish copies through electronic means.

C) The Magistrate must dismiss the evidence if it cannot be supplied in full.

D) The Magistrate must order the accused to pay for the copies.

Q7. A Magistrate is inquiring into a case and realizes the offence is one triable exclusively by the Court of Session. The accused is currently out on bail. What is the mandatory procedure for the Magistrate under Section 232?

A) The Magistrate must cancel the bail and send the accused to jail before committing the case.

B) The Magistrate shall commit the case to the Court of Session and, subject to the provisions relating to bail, remand the accused to custody during and until the conclusion of the trial.

C) The Magistrate must conduct a full trial himself and only send the file for sentencing.

D) The Magistrate must wait for the Sessions Judge to send a transfer order.

Q8. A Magistrate commits a case to the Court of Session under Section 232 but fails to notify the Public Prosecutor about the commitment. Is this a procedural lapse?

A) No, notification is not required for the Public Prosecutor.

B) Yes, Section 232(d) explicitly requires the Magistrate to notify the Public Prosecutor of the commitment of the case to the Court of Session.

C) No, because the Public Prosecutor is already deemed to have knowledge of all police cases.

D) Yes, but only if the accused is a public servant.

Q9. While a Magistrate is inquiring into a private complaint case against 'B', he learns that a police investigation for the same offence is already in progress. What is the Magistrate's immediate duty?

A) He must dismiss the private complaint.

B) He must stay the proceedings of the complaint case and call for a report on the matter from the police officer conducting the investigation.

C) He must merge the two cases immediately without calling for a report.

D) He must ignore the police investigation and finish his inquiry first.

Q10. A Magistrate takes cognizance of a complaint case and orders the complainant to pay the required process fees for summoning the accused. The complainant fails to pay for several weeks without any reasonable excuse. What action can the Magistrate take?

A) The Magistrate must pay the fees from the court fund.

B) The Magistrate may dismiss the complaint under Section 227(4).

C) The Magistrate must issue the summons anyway and recover the cost from the accused later.

D) The Magistrate must transfer the case to the High Court.

Answer Key

  1. B (Section 227(1)(b))

  2. B (Section 227(3))

  3. B (Section 228(2))

  4. B (Section 229(2) defines petty offence up to ₹5000)

  5. B (Section 230 - 14-day mandatory limit)

  6. B (Section 230, second proviso)

  7. B (Section 232(a) and (b))

  8. B (Section 232(d))

  9. B (Section 233(1))

  10. B (Section 227(4))

READY RECKONER- FUN WAY TO LEARN

This "Trial Launchpad Manual" is your creative ready reckoner for Chapter XVII (Sections 227–233) of the BNSS, 2023. This chapter marks the official "kick-off" of judicial proceedings, moving from the investigation phase into the courtroom.

1. The Green Signal: Issuing Process (Section 227)

  • The Decision: If the Magistrate finds "sufficient ground for proceeding," the trial begins.

  • The Tool:

    • Summons-case: Magistrate issues a summons.

    • Warrant-case: Magistrate can issue a warrant or, if they prefer, a summons.

  • The Tech Upgrade: Summons or warrants can now be issued through electronic means.

  • The Prerequisite: No process is issued until the prosecution witness list is filed.

  • The Fee Rule: If the complainant fails to pay "process-fees" within a reasonable time, the Magistrate can dismiss the complaint.

2. The VIP Pass: Dispensing Attendance (Section 228)

  • The Power: A Magistrate can allow an accused person to appear by an advocate rather than attending in person if they see "reasons so to do".

  • The Exception: The Magistrate can still order the personal attendance of the accused at any stage of the proceedings.

3. The Express Lane: Petty Offences (Section 229)

  • Definition: A petty offence is one punishable only by a fine not exceeding 5,000 rupees (excluding Motor Vehicle Act offences).

  • The Shortcut: A special summons allows the accused to plead guilty via post or messenger without appearing in Court, provided they send the specified fine.

  • Advocate Option: An accused can also authorize an advocate in writing to plead guilty and pay the fine on their behalf.

4. The Discovery Packet: Document Relay (Sections 230–231)

  • The 14-Day Clock (S. 230): In cases based on a police report, the Magistrate must supply the accused and victim (if represented) with key documents—including the FIR, police report, and statements under Sections 180 and 183—within fourteen days of appearance.

  • Voluminous Data: If documents are too large, the Magistrate can allow inspection in Court or provide them through electronic means.

  • Electronic Proof: Supplying documents in electronic form is legally considered "duly furnished".

  • Sessions Cases (S. 231): In private complaint cases triable by the Court of Session, the Magistrate must furnish statements recorded during the complaint inquiry.

5. The Big League Move: Committal to Sessions (Section 232)

  • The Trigger: If the offence is triable exclusively by the Court of Session, the Magistrate must "commit" the case to that Court.

  • The Procedure: The Magistrate remands the accused (subject to bail), sends the records, and notifies the Public Prosecutor.

  • The Timeline: Committal proceedings should be completed within 90 days of taking cognizance, though this can be extended to 180 days for recorded reasons.

6. The Traffic Controller: Avoiding Parallel Trials (Section 233)

  • The Scenario: A Magistrate is hearing a private complaint case but discovers a police investigation is also ongoing for the same offence.

  • The Stay: The Magistrate stays the complaint case and calls for a report from the police officer.

  • The Merger: If the police report names the same accused, the Magistrate tries both cases together as if both were instituted on a police report.

  • Separation: If the police report doesn't relate to the same accused, the Magistrate resumes the stayed complaint case.

Quick Revision Tip: "The 14-90 Rule"

  • 14 Days: Maximum time for the Magistrate to supply document copies to the accused.

  • 90 Days: Standard time to complete the committal process for Sessions cases.

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