Criminal Procedure
Complaints to Magistrates under BNSS
Learn the complaint procedure under BNSS Sections 223 to 226, including examination, inquiry, outside-area accused and dismissal.
The short answer
A Magistrate tests a private complaint through examination and, where needed, inquiry or investigation before dismissing it or finding sufficient ground to proceed.
How does a complaint begin under Section 223?
The Magistrate examines the factual foundation of a complaint before using criminal process against another person.
A complaint is an allegation made to a Magistrate with a view to judicial action and does not include a police report. The complainant must set out facts that constitute an offence, not merely repeat statutory labels.
BNSS Section 223 contains new hearing language that was not part of the former Section 200 CrPC. Older cases remain useful for the screening function, but their statements about participation of the proposed accused must be read subject to the current BNSS text.
Examination on oath
A Magistrate having jurisdiction examines the complainant and witnesses present, records the substance in writing and obtains the signatures of the complainant, witnesses and Magistrate.
Opportunity to the accused
The first proviso states that cognizance on complaint shall not be taken without giving the accused an opportunity of being heard. Its procedural application must follow current BNSS text rather than the former CrPC assumption of no pre-cognizance hearing.
Written complaint exceptions
Examination is unnecessary where a public servant acting in official duty or a court makes the written complaint, or where the Magistrate makes the case over under Section 212.
Complaint against a public servant
For an offence alleged during official functions, Section 223(2) additionally requires an opportunity for the public servant to state the situation and a factual report from the superior officer.
What happens after the complaint is received?
Jurisdiction is checked first, followed by any screening needed to decide whether sufficient ground exists for process.
Wrong Magistrate under Section 224
A written complaint is returned with an endorsement for presentation to the proper court. For an oral complaint, the complainant is directed to the competent court.
Postponement under Section 225
The Magistrate may postpone process and conduct an inquiry personally or direct a limited investigation to decide whether sufficient ground for proceeding exists.
Accused outside the area
Where the proposed accused resides outside the Magistrate's territorial area, postponement and inquiry or investigation are mandatory. The safeguard filters remote and potentially harassing complaints before process travels across jurisdictions.
Sessions-triable complaint
The Magistrate cannot direct the Section 225 police investigation where the offence appears exclusively triable by the Court of Session. The complainant must be called to produce all witnesses for examination on oath.
Limited purpose
The inquiry tests whether a real prima facie foundation exists. It does not decide guilt, conduct full cross-examination or weigh the defence as at trial.
When may the complaint be dismissed?
The Magistrate moves from material collection to a reasoned choice between dismissal and commencement of proceedings.
Material considered
Section 226 requires consideration of statements on oath and the result of any Section 225 inquiry or investigation.
No sufficient ground
If the material does not create sufficient ground for proceeding, the complaint is dismissed. This is not an acquittal after trial.
Brief reasons
A dismissal order must briefly record reasons. The explanation should show why the allegations and supporting material fail at the screening stage.
Sufficient ground
If sufficient ground exists, the Magistrate proceeds under Section 227. The order should connect the alleged facts and material with the offences and persons summoned.
Abuse prevention
The complaint inquiry protects both access to criminal justice and individuals from casual summoning. Mechanical acceptance and premature trial-level evaluation are both errors.
Leading cases and what they establish
Read each authority for the proposition it proves, the legal question it answers and the reasoning that supports the result.
Chandra Deo Singh v. Prokash Chandra Bose
AIR 1963 SC 1430
Held: The complaint inquiry determines whether a prima facie ground for process exists and is not a trial of the accused or a final assessment of guilt.
Why it matters: Use it for the limited screening purpose, while qualifying older participation rules by the new Section 223 hearing proviso.
National Bank of Oman v. Barakara Abdul Aziz
(2013) 2 SCC 488
Held: Postponement and inquiry under former Section 202 were mandatory where the accused resided outside the territorial jurisdiction of the Magistrate.
Why it matters: Use it with BNSS Section 225 when process is issued against an out-of-area accused without the mandatory screening step.
Krishna Lal Chawla v. State of Uttar Pradesh
(2021) 5 SCC 435
Held: Magistrates must actively screen private complaints and prevent criminal process from becoming a tool for repetitive or vexatious litigation.
Why it matters: Use it to explain the judicial responsibility behind examination, inquiry and a reasoned summoning decision.
Read the judgmentUsing this topic in a legal answer
A clear answer sequence
- Define a complaint and identify cognizance under Section 210(1)(a).
- Apply examination, hearing and signature requirements under Section 223.
- Check competence under Section 224 and residence outside jurisdiction under Section 225.
- Explain the limited prima facie purpose of inquiry or investigation.
- Conclude with reasoned dismissal under Section 226 or process under Section 227.
Points that are often confused
- Treating a complaint as identical to an FIR or police report.
- Applying former CrPC participation rules without checking the new Section 223 proviso.
- Ignoring the mandatory inquiry for an out-of-area accused.
- Conducting a mini-trial at the complaint screening stage.
Open the revision and self-check sheet
Rules to retain
- Section 223 governs examination of the complainant.
- Section 224 redirects a complaint filed before an incompetent Magistrate.
- Section 225 inquiry is mandatory for an accused residing outside the area.
- Sessions-triable complaints require examination of all complainant witnesses.
- Section 226 dismissal requires brief reasons.
Questions to test understanding
- What must the Magistrate record under Section 223?
- When does Section 225 become mandatory?
- Why is a dismissal under Section 226 not an acquittal?
Questions students ask
Is a private complaint the same as an FIR?
No. An FIR is police information initiating the statutory investigation route for a cognizable offence. A complaint asks a Magistrate to take judicial action and excludes a police report.
Must every complainant be examined on oath?
Ordinarily yes, but Section 223 creates exceptions for specified written complaints by a public servant or court and for a case made over under Section 212.
Can the Magistrate dismiss a complaint without giving reasons?
No. Section 226 requires brief recorded reasons showing why no sufficient ground exists for proceeding.
Primary sources and further reading
- Bharatiya Nagarik Suraksha Sanhita, 2023, official text
- BNSS complaint provisions, India Code record
- Supreme Court judgment in Krishna Lal Chawla v. State of Uttar Pradesh
This article is written for legal education. Verify the governing provision, applicable amendments and complete judgment before relying on a proposition in practice.