Bharatiya Nagarik Suraksha Sanhita

Section 226

Dismissal of complaint

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⚡ Quick Answer Reference: Section 226 BNSS

Provision: Section 226 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: COMPLAINTS TO MAGISTRATES
Jurisdiction: India
Summary: If a Magistrate thinks there's no reason to proceed with a complaint, they can dismiss it. They must explain why they made this decision.

Statutory Content

What does Section 226 of BNSS say?

If, after considering the statements on oath (if any) of the complainant and of the witnesses and the result of the inquiry or investigation (if any) under section 225, the Magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss the complaint, and in every such case he shall briefly record his reasons for so doing.

Indian StandardSection 226, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 226 (India)

Court Pleading StandardSection 226 of the Bharatiya Nagarik Suraksha Sanhita

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ 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 226 of BNSS mean?

Plain English Explanation

If a Magistrate thinks there's no reason to proceed with a complaint, they can dismiss it. They must explain why they made this decision.

Practical Interpretation

This section is used when a Magistrate concludes that a complaint lacks sufficient grounds for further action. They must document their reasoning for dismissing the complaint.

Core Legal Purpose

The core purpose of this section is to provide a Magistrate with the authority to dismiss complaints that lack merit, ensuring that resources are not wasted on frivolous cases.

Key Legal Elements

•The Magistrate must consider statements on oath from the complainant and witnesses.
•The Magistrate must consider the result of any inquiry or investigation conducted under Section 225.
•The Magistrate must form an opinion that there is no sufficient ground for proceeding with the complaint.
•The Magistrate must record their reasons for dismissing the complaint.

Practical Example

Practical Example of Section 226 BNSS

Rajesh files a complaint against Amit, alleging harassment. The Magistrate conducts an inquiry and hears statements from Rajesh and witnesses. After considering the evidence, the Magistrate concludes that there is no sufficient ground to proceed with the complaint. The Magistrate records their reasons for dismissal, stating that the evidence presented was insufficient to establish harassment.

Common Questions (FAQ)

Frequently Asked Questions about Section 226 BNSS

Q: What is the punishment or consequence under Section 226 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 pertains to the Magistrate's authority to dismiss complaints.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not relate to criminal offenses. Therefore, it is neither bailable nor cognizable.

Common Questions about Section 226 BNSS

What is Section 226 of BNSS?

Section 226 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Dismissal of complaint". In plain terms: If a Magistrate thinks there's no reason to proceed with a complaint, they can dismiss it. They must explain why they made this decision.

What is the punishment under Section 226 of BNSS?

Section 226 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 226 of BNSS bailable or non-bailable?

Whether Section 226 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 226 of BNSS?

The essential elements of Section 226 of BNSS are: The Magistrate must consider statements on oath from the complainant and witnesses.; The Magistrate must consider the result of any inquiry or investigation conducted under Section 225.; The Magistrate must form an opinion that there is no sufficient ground for proceeding with the complaint..

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