Complaints to Magistrates - BNSS - Easy explanation

Complaints to magistrates in BNS
Complaints to magistrates in crpc

Section 223: Examination of Complainant

Upon receiving a complaint, the magistrate must examine the complainant and any witnesses present. This examination is conducted under oath, and the substance of the examination is documented and signed by the complainant, witnesses, and the magistrate. However, there are exceptions where the magistrate need not examine the complainant, such as when the complaint is made by a public servant or a court.


Section 224: Procedure by Incompetent Magistrates

If a complaint is made to a magistrate who is not competent to take cognizance of the offense, the magistrate must either return the complaint for presentation to the appropriate court or direct the complainant to the proper court. This ensures that the complaint is heard by a magistrate with the necessary jurisdiction.


Section 225: Postponement of Issue of Process

The magistrate, upon receiving a complaint, may postpone the issue of process against the accused. The magistrate can either inquire into the case themselves or direct an investigation by a police officer or other authorized person to determine if there are sufficient grounds for proceeding. This step is crucial for filtering out frivolous or baseless complaints and ensuring that only legitimate cases proceed to trial.


Section 226: Dismissal of Complaint

After considering the statements of the complainant and witnesses, and the results of any inquiry or investigation, the magistrate may dismiss the complaint if there are no sufficient grounds for proceeding. The reasons for dismissal must be briefly recorded. This provision safeguards against the misuse of the legal system and ensures that the accused are not unduly harassed by baseless allegations.

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