Introduction:
BNSS (Bharatiya Nagarik Suraksha Sanhita, 2023), provides a detailed procedure for examination of complainants and witnesses to establish a prima facie case against the accused. This comprehensive overview has been adopted from Criminal Procedure Code, 1973 and the process aims to prevent false or harassing complaints.
Examination of the Complainant:
Section 223 BNSS dictates that a Magistrate, authorized to consider an offense based on a complaint, must examine both the complainant and witnesses under oath. This examination, whether conducted orally or in writing, is important in establishing the existence of a prima facie case, a very important step for initiating the criminal proceedings against the accused.
Procedure for Incompetent Magistrates:
Section 224 BNSS addresses situations where a complaint is made before a Magistrate not competent to take cognizance. In such cases, the Magistrate is obligated to refer the case to the appropriate court.
Postponement of Investigation:
Under Section 225 BNSS, the Magistrate is granted the authority to order a limited investigation, known as "Post Cognizance Investigation." This distinct process, separate from Section 175(3) BNSS investigations, serves the purpose of gathering essential information without being exhaustive.
Dismissal of Complaints:
Empowered by Section 226 BNSS, the Magistrate has the discretion to dismiss a complaint if the inquiry or investigation conducted reveals no grounds for further proceedings. This dismissal is not arbitrary; it requires brief recorded reasons, preventing baseless or insufficient cases from progressing and safeguarding individuals from unwarranted legal actions.
Watch JudiX’s 1 minute video lecture on grounds of dismissal of complaint under BNSS
Issue of Process:
Under section 227 of BNSS, issue of process against the accused can be done. Upon finding sufficient grounds through examination and investigation or inquiry (if necessary), the magistrate can issue a summons or warrant against the accused.
Let us now revisit the article by examining Frequently Asked Questions (FAQs) on BNSS Legal Procedures: Examination and Proceedings:
1. What is BNSS, and how does it relate to legal procedures for examining complaints?
BNSS stands for Bharatiya Nagarik Suraksha Sanhita, 2023. It provides a detailed procedure for the examination of complainants and witnesses to establish a prima facie case against the accused.
2. What does Section 223 BNSS entail regarding the examination of complainants and witnesses?
Section 223 BNSS mandates that a Magistrate, authorized to consider an offense based on a complaint, must examine both the complainant and witnesses under oath. This examination, whether oral or written, is essential in establishing the existence of a prima facie case.
3. How does Section 224 BNSS address cases involving incompetent Magistrates?
Section 224 BNSS stipulates that if a complaint is made before a Magistrate not competent to take cognizance, the Magistrate is obligated to refer the case to the appropriate court.
4. What is "Post Cognizance Investigation" under Section 225 BNSS?
Under Section 225 BNSS, the Magistrate can order a limited investigation known as "Post Cognizance Investigation."
5. Can a Magistrate dismiss a complaint under Section 226 BNSS, and what criteria are considered for dismissal?
Yes, under Section 226 BNSS, the Magistrate has the discretion to dismiss a complaint if the inquiry or investigation reveals no grounds for further proceedings. The dismissal requires brief recorded reasons, preventing baseless or insufficient cases from progressing and safeguarding individuals from unwarranted legal actions.
6. How does Section 227 BNSS contribute to the progression of legal proceedings?
Section 227 BNSS allows the Magistrate to issue a summons or warrant against the accused upon finding sufficient grounds through examination and investigation.
Journey of criminal complaint under BNSS (Bharatiya Nagarik Suraksha Sanhita, 2023)