(1) A Magistrate having jurisdiction while taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate: Provided that no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard: Provided further that when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses— (a) if a public servant acting or purporting to act in the discharge of his official duties or a Court has made the complaint; or (b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under section 212: Provided also that if the Magistrate makes over the case to another Magistrate under section 212 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them. (2) A Magistrate shall not take cognizance on a complaint against a public servant for any offence alleged to have been committed in course of the discharge of his official functions or duties unless— (a) such public servant is given an opportunity to make assertions as to the situation that led to the incident so alleged; and (b) a report containing facts and circumstances of the incident from the officer superior to such public servant is received.
Bharatiya Nagarik Suraksha Sanhita
Section 223
Examination of complainant
⚡ Quick Answer Reference: Section 223 BNSS
- Provision: Section 223 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: COMPLAINTS TO MAGISTRATES
- Jurisdiction: India
- Summary: When a complaint is made to a Magistrate, they must question the person making the complaint and any witnesses on oath. The answers must be written down and signed by the complainant, witnesses, and the Magistrate. The accused must also be given a chance to be heard before the Magistrate takes any action. However, if the complaint is made by a public servant or a court, or if the case is transferred to another Magistrate, the questioning may not be necessary.
What does Section 223 of BNSS say?
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What does Section 223 of BNSS mean?
Plain English Explanation
When a complaint is made to a Magistrate, they must question the person making the complaint and any witnesses on oath. The answers must be written down and signed by the complainant, witnesses, and the Magistrate. The accused must also be given a chance to be heard before the Magistrate takes any action. However, if the complaint is made by a public servant or a court, or if the case is transferred to another Magistrate, the questioning may not be necessary.
Practical Interpretation
In practice, this section means that a Magistrate must conduct a preliminary inquiry to verify the facts of the complaint before taking any further action. This helps to ensure that the complaint is genuine and not frivolous.
Core Legal Purpose
The core purpose of this section is to provide a fair and transparent process for investigating complaints, while also protecting the rights of the accused.
- •A Magistrate must examine the complainant and witnesses on oath.
- •The answers must be written down and signed by the complainant, witnesses, and the Magistrate.
- •The accused must be given an opportunity to be heard before the Magistrate takes any action.
- •There are exceptions where the questioning may not be necessary, such as when the complaint is made by a public servant or a court.
Practical Example of Section 223 BNSS
Rajesh, a resident of Delhi, files a complaint against his neighbor, Amit, for allegedly damaging his property. The Magistrate, Priya, examines Rajesh and any witnesses on oath, and writes down their statements. Amit is given an opportunity to be heard and respond to the allegations. If the complaint is found to be genuine, the Magistrate may proceed with further action.
Frequently Asked Questions about Section 223 BNSS
Q: What is the punishment or consequence under Section 223 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it deals with the process of investigating complaints.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not classify the offence as bailable or cognizable.
Common Questions about Section 223 BNSS
What is Section 223 of BNSS?
Section 223 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Examination of complainant". In plain terms: When a complaint is made to a Magistrate, they must question the person making the complaint and any witnesses on oath. The answers must be written down and signed by the complainant, witnesses, and the Magistrate. The accused must also be given a chance to be heard before the Magistrate takes any action. However, if the complaint is made by a public servant or a court, or if the case is transferred to another Magistrate, the questioning may not be necessary.
What is the punishment under Section 223 of BNSS?
Section 223 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 223 of BNSS bailable or non-bailable?
Whether Section 223 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 223 of BNSS?
The essential elements of Section 223 of BNSS are: A Magistrate must examine the complainant and witnesses on oath.; The answers must be written down and signed by the complainant, witnesses, and the Magistrate.; The accused must be given an opportunity to be heard before the Magistrate takes any action..
What is the IPC equivalent of Section 223 of BNS?
Section 223 of the Bharatiya Nyaya Sanhita (BNS) 2023 corresponds to Section 200 of the old Indian Penal Code (IPC). There was no material change in the provision.
✓ No material change in the provision.
View Old Law Equivalent →Compare Side-by-Side →Landmark Judgments under Section 223 BNSS
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