If the complaint is made to a Magistrate who is not competent to take cognizance of the offence, he shall,— (a) if the complaint is in writing, return it for presentation to the proper Court with an endorsement to that effect; (b) if the complaint is not in writing, direct the complainant to the proper Court.
Bharatiya Nagarik Suraksha Sanhita
Section 224
Procedure by Magistrate not competent to take cognizance of case
Englishहिंदी
⚡ Quick Answer Reference: Section 224 BNSS
- Provision: Section 224 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: COMPLAINTS TO MAGISTRATES
- Jurisdiction: India
- Summary: If a complaint is made to a Magistrate who is not allowed to take action, they must return the complaint to the right court with a note saying so. If the complaint is not in writing, the Magistrate will tell the person making the complaint to go to the right court.
Statutory Content
What does Section 224 of BNSS say?
Indian StandardSection 224, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 224 (India)
Court Pleading StandardSection 224 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/224
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✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose
What does Section 224 of BNSS mean?
Plain English Explanation
If a complaint is made to a Magistrate who is not allowed to take action, they must return the complaint to the right court with a note saying so. If the complaint is not in writing, the Magistrate will tell the person making the complaint to go to the right court.
Practical Interpretation
In real-life situations, this section means that if a complaint is made to a Magistrate who doesn't have the authority to handle it, they will forward it to the correct court. This ensures that complaints are handled by the right authority.
Core Legal Purpose
The core purpose of this section is to ensure that complaints are handled by the correct authority, preventing potential mismanagement or delays in the legal process.
Key Legal Elements
- •The complaint must be made to a Magistrate who is not competent to take cognizance of the offence.
- •The complaint must be either in writing or not in writing.
- •The Magistrate must return the complaint to the proper Court with an endorsement to that effect.
- •The Magistrate must direct the complainant to the proper Court if the complaint is not in writing.
Practical Example
Practical Example of Section 224 BNSS
Rajesh, a resident of Delhi, files a complaint with the local Magistrate, Amit, alleging a minor traffic violation. However, Amit is not authorized to handle traffic cases. According to Section 224 of BNSS, Amit will return the complaint to the proper Court with an endorsement to that effect, ensuring that the case is handled by the correct authority.
Common Questions (FAQ)
Frequently Asked Questions about Section 224 BNSS
Q: What is the punishment or consequence under Section 224 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 procedure for handling complaints by Magistrates.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not deal with criminal classification. However, as it deals with the procedure for handling complaints, it is a civil/procedural provision.
People Also Ask (PAA)
Common Questions about Section 224 BNSS
What is Section 224 of BNSS?
Section 224 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Procedure by Magistrate not competent to take cognizance of case". In plain terms: If a complaint is made to a Magistrate who is not allowed to take action, they must return the complaint to the right court with a note saying so. If the complaint is not in writing, the Magistrate will tell the person making the complaint to go to the right court.
What is the punishment under Section 224 of BNSS?
Section 224 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 224 of BNSS bailable or non-bailable?
Whether Section 224 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 224 of BNSS?
The essential elements of Section 224 of BNSS are: The complaint must be made to a Magistrate who is not competent to take cognizance of the offence.; The complaint must be either in writing or not in writing.; The Magistrate must return the complaint to the proper Court with an endorsement to that effect..
Landmark Case Laws
Landmark Judgments under Section 224 BNSS
Patnahcucisdb94 High Court (10 8)
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