Issue of process
AI Assist
Summary
When a Magistrate taking cognizance finds sufficient ground, they must issue a summons in a summons-case, or may issue a warrant or a summons in a warrant-case to make the accused appear. Summons or warrants may be sent electronically, but none may be issued until the prosecution files a list of its witnesses. For proceedings begun by a written complaint, a copy of the complaint must accompany the process, and any required process-fees must be paid or the Magistrate may dismiss the complaint.
Example
Priya files a written complaint against Rohan. The Magistrate finds sufficient ground and, treating it as a summons-case, issues a summons to Rohan and sends a copy of the complaint with it. The court will only issue process after the prosecution files its witness list and once the process-fees are paid; if fees remain unpaid the Magistrate may dismiss the complaint.
Bare Act
Enacted text(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-
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(a) a summons-case, he shall issue summons to the accused for his attendance; or
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(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.
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