(1) Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 212, may, if he thinks fit, and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction, postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding: Provided that no such direction for investigation shall be made,— (a) where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session; or (b) where the complaint has not been made by a Court, unless the complainant and the witnesses present (if any) have been examined on oath under section 223. (2) In an inquiry under sub-section (1), the Magistrate may, if he thinks fit, take evidence of witnesses on oath: Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath. (3) If an investigation under sub-section (1) is made by a person not being a police officer, he shall have for that investigation all the powers conferred by this Sanhita on an officer in charge of a police station except the power to arrest without warrant.
Bharatiya Nagarik Suraksha Sanhita
Section 225
Postponement of issue of process
⚡ Quick Answer Reference: Section 225 BNSS
- Provision: Section 225 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: COMPLAINTS TO MAGISTRATES
- Jurisdiction: India
- Summary: A Magistrate can delay issuing a court summons to an accused person if they think it's necessary. This can happen if the accused lives far away from the Magistrate's area of jurisdiction. The Magistrate can then decide whether there's enough evidence to proceed with the case. They might also ask a police officer or another person to investigate the case.
What does Section 225 of BNSS say?
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What does Section 225 of BNSS mean?
Plain English Explanation
A Magistrate can delay issuing a court summons to an accused person if they think it's necessary. This can happen if the accused lives far away from the Magistrate's area of jurisdiction. The Magistrate can then decide whether there's enough evidence to proceed with the case. They might also ask a police officer or another person to investigate the case.
Practical Interpretation
In real practice, this section allows Magistrates to take a more nuanced approach to handling cases where the accused is not readily available. It gives them the flexibility to gather more information before issuing a summons, which can help prevent unnecessary delays or complications in the case.
Core Legal Purpose
The core purpose of this section is to provide Magistrates with the authority to manage their workload and ensure that cases are handled efficiently. By allowing them to postpone the issue of process, the section aims to prevent unnecessary delays and promote a more streamlined justice system.
- •The accused must reside beyond the Magistrate's area of jurisdiction.
- •The Magistrate must be authorized to take cognizance of the offence or have it made over to them under section 212.
- •The Magistrate must think it fit to postpone the issue of process.
- •The offence must not be triable exclusively by the Court of Session, unless the complainant and witnesses have been examined on oath under section 223.
Practical Example of Section 225 BNSS
Rajesh, a resident of Mumbai, is accused of committing a crime in Delhi. The Magistrate in Delhi receives the complaint and decides to postpone the issue of process against Rajesh. The Magistrate directs an investigation to be made by a police officer in Delhi to gather more information about the case. After the investigation, the Magistrate decides whether there's enough evidence to proceed with the case and issues a summons to Rajesh if necessary.
Frequently Asked Questions about Section 225 BNSS
Q: What is the punishment or consequence under Section 225 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 procedural aspects of handling complaints and issuing process.
Q: Is an offence under this section bailable or cognizable?
This section does not classify the offence as bailable or cognizable, as it deals with procedural aspects rather than the nature of the offence.
Common Questions about Section 225 BNSS
What is Section 225 of BNSS?
Section 225 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Postponement of issue of process". In plain terms: A Magistrate can delay issuing a court summons to an accused person if they think it's necessary. This can happen if the accused lives far away from the Magistrate's area of jurisdiction. The Magistrate can then decide whether there's enough evidence to proceed with the case. They might also ask a police officer or another person to investigate the case.
What is the punishment under Section 225 of BNSS?
Section 225 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 225 of BNSS bailable or non-bailable?
Whether Section 225 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 225 of BNSS?
The essential elements of Section 225 of BNSS are: The accused must reside beyond the Magistrate's area of jurisdiction.; The Magistrate must be authorized to take cognizance of the offence or have it made over to them under section 212.; The Magistrate must think it fit to postpone the issue of process..
Landmark Judgments under Section 225 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 225
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