Section 225 BNSS : Postponement of issue of process: Guidelines and Exception .

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Introduction to Section 225 BNSS

Section 225 BNSS lays down the procedural steps a Magistrate must follow before issuing process (i.e., summoning the accused) upon receiving a complaint. It introduces safeguards to ensure that proceedings are not rushed and that there is a solid ground before proceeding further, especially in cases where the accused resides outside the Magistrate’s jurisdiction.

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What is BNSS Section 225 ?

BNSS Section 225 is a procedural safeguard that ensures a Magistrate does not hastily issue a summons against an accused without verifying whether there’s sufficient ground. It prevents misuse of the complaint system and protects the rights of accused individuals, especially those residing in a different jurisdiction.

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BNSS Section of 225 in Simple Points

1. Postponement of Process Is Discretionary and Mandatory

Under BNSS 225(1), a Magistrate can choose to postpone issuing summons if he feels it is necessary. However, if the accused lives outside the Magistrate’s jurisdiction, the postponement is mandatory, not optional.

2. Inquiry or Investigation Before Summons

To determine whether the complaint has merit, the Magistrate may conduct a preliminary inquiry himself or assign the investigation to a police officer or a competent person. This ensures only genuine cases proceed.

3. Restrictions on Ordering Investigation

BNSS 225 prohibits the Magistrate from directing investigations in two cases:

• If the offence is triable only by the Court of Session
• If the complaint isn’t made by a court and the complainant/witnesses haven’t been examined under Section 223.

4. Taking Witnesses’ Evidence on Oath

In inquiries under this section, the Magistrate may record evidence under oath. If the offence is exclusively triable by the Court of Session, the Magistrate must examine all witnesses produced by the complainant.

5. Power of Non-Police Investigators

If the investigation is done by someone who is not a police officer, they are given all powers of an officer-in-charge of a police station, except the power to arrest without a warrant.

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Section 225 of BNSS Overview

This section empowers a Magistrate to postpone the issue of process (summons or warrant) in two cases:

1. If he deems it fit, or
2. Mandatorily, when the accused resides outside his jurisdiction.

The Magistrate may conduct an inquiry himself or assign the investigation to a police officer or a suitable person. However, this cannot be done in serious cases (like those triable exclusively by the Court of Session) unless specific conditions are met.

BNSS Section 225 – 10 Key Points Explained

1. Postponement of Process is Conditional and Mandatory

BNSS Section 225 gives a Magistrate the authority to postpone issuing a process (such as summons or warrant) if he finds it necessary. More importantly, if the accused is residing outside the jurisdictional area of the Magistrate, then this postponement becomes mandatory. This ensures that no process is issued blindly without considering territorial limitations.

2. Inquiry or Investigation to Verify Complaint

Before proceeding against the accused, the Magistrate may either personally inquire into the case or order an investigation. This is done to assess whether the complaint has enough merit to justify moving forward. It safeguards innocent people from being wrongfully summoned based on weak or false complaints.

3. Direction for Investigation – Limitations Imposed

BNSS Section 225 clearly prohibits the Magistrate from directing an investigation in two cases: first, when the offence is triable exclusively by the Court of Session, and second, when the complaint is not made by a court and the complainant and witnesses have not been examined under Section 223. This clause prevents misuse of investigatory power in serious matters.

4. Examination of Complainant and Witnesses Under Oath

To maintain the integrity of the complaint, the Magistrate is required to ensure that the complainant and any present witnesses are examined under oath, especially when the offence is serious. This examination is a foundational step that influences whether the case should proceed or not.

5. Compulsory Examination in Court of Session Offences

When the Magistrate finds that the offence mentioned is exclusively triable by the Court of Session, he must call upon the complainant to present all his witnesses. All such witnesses must be examined under oath. This strict measure is intended to maintain judicial discipline and ensure that only strong cases proceed to higher courts.

6. Purpose Behind Postponing the Process

The fundamental aim of BNSS 225 is to protect individuals from being subjected to legal proceedings without sufficient cause. By allowing or mandating inquiry or investigation before issuing summons, this provision ensures that only well-founded cases move forward, especially in inter-jurisdictional matters.

7. Magistrate’s Discretion in Issuing Process

In cases where the accused resides within the Magistrate’s jurisdiction, the Magistrate has the discretion to either proceed directly or postpone issuing the process. This flexibility ensures that the court can respond appropriately depending on the facts and seriousness of the case.

8. Role of Police and Other Investigators

If the Magistrate delegates the investigation to someone other than a police officer, that individual is granted all powers of an officer in charge of a police station—except the power to arrest without a warrant. This ensures the investigation is effective while protecting legal rights.

9. Connection with Section 223 of BNSS

BNSS 225 works in conjunction with Section 223. Before directing an investigation in non-court-initiated complaints, it is mandatory to examine the complainant and witnesses under oath as per Section 223. This interconnected procedure ensures accountability at every stage.

10. Protection Against Abuse of Legal Process

BNSS 225 acts as a crucial filter against misuse of the legal system. It prevents the accused from being dragged into court unnecessarily and ensures due process is followed. It also shields the judiciary from being burdened with baseless or premature cases.

Example 1:

A person files a complaint in Delhi against someone who lives in Mumbai. The Delhi Magistrate must postpone the issue of process and can order a preliminary investigation to verify the claims before issuing a summons.

Example 2:

A complaint is filed for a serious offence triable only by the Court of Session. The Magistrate cannot order an investigation unless the complaint comes from a court or witnesses have been examined under oath as per Section 223.

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Why is BNSS 225 Important?

BNSS Section 225 acts as a filter to screen out frivolous or malicious complaints before summoning the accused. It balances the interests of justice and the rights of individuals by avoiding unnecessary harassment. This is particularly crucial in cross-jurisdictional matters, where misuse of legal process can cause undue hardship to the accused. Moreover, in serious offences triable by the Court of Session, stricter procedural safeguards apply to ensure fairness.

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Section 225 of BNSS Short Information

Question	Explanation
When can a Magistrate postpone issuing process under BNSS 225?	Either when he deems it necessary or when the accused lives outside his jurisdiction (mandatory).
What can the Magistrate do before issuing summons?	Conduct an inquiry or direct investigation to confirm if there’s sufficient ground to proceed.
When is investigation not allowed under BNSS 225?	If the offence is triable by Court of Session, or if complainant/witnesses aren’t examined on oath as per Sec 223.
Can the Magistrate take evidence during the inquiry?	Yes, especially if the case is triable by the Court of Session, all witnesses must be examined on oath.
What powers does a non-police investigator have?	Same as an officer-in-charge, except arresting without warrant.

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Why BNSS Section 225 is Needed ?

BNSS Section 225 plays a critical role in ensuring that the judicial process is fair, balanced, and not misused. Here’s a detailed breakdown of why BNSS 225 is necessary:

1. To Prevent Misuse of Legal Process

Without BNSS 225, any complaint—regardless of its truth or strength—could immediately lead to the issue of a summons or warrant against a person. This could be exploited to harass innocent people or settle personal scores. BNSS 225 introduces a filtering mechanism where the Magistrate must first verify the complaint before proceeding, especially when the accused resides outside the court’s jurisdiction.

2. To Safeguard the Rights of the Accused

The principle of “innocent until proven guilty” is central to Indian criminal law. BNSS 225 protects this right by ensuring that no one is dragged into court without proper scrutiny. If the accused is not within the jurisdiction of the Magistrate, it becomes mandatory to conduct an inquiry or investigation before issuing process. This ensures that the accused is not needlessly put under legal pressure.

3. To Ensure Only Meritorious Cases Proceed

BNSS 225 empowers the Magistrate to conduct an inquiry or order an investigation before proceeding with the case. This allows the court to assess the sufficiency of the evidence and the genuineness of the complaint. Frivolous or baseless complaints are filtered out at this early stage, saving the court’s time and resources.

4. To Handle Inter-Jurisdictional Complaints Properly

Many complaints involve accused persons who reside outside the jurisdiction of the Magistrate. BNSS 225 addresses this situation directly. Instead of summoning such a person hastily, it mandates postponement of the process and requires preliminary verification. This avoids legal overreach and maintains procedural discipline across judicial territories.

5. To Maintain Judicial Accountability

BNSS 225 compels Magistrates to record a clear reason and follow a structured path before issuing any process. It also links with BNSS Section 223, which mandates examination of complainants under oath. These safeguards ensure that the judiciary does not act arbitrarily, and every step is legally traceable and justifiable.

6. To Reduce the Burden on Sessions Courts

The provision makes it clear that if an offence is triable exclusively by the Court of Session, the Magistrate must take additional precautions. This includes calling for all witnesses and examining them under oath. This prevents overburdening Sessions Courts with weak or unverified cases, ensuring only serious and substantiated matters reach them.

7. To Balance Speed and Justice

While the justice system must operate efficiently, it must not compromise on fairness. BNSS 225 strikes this balance—it doesn’t stop complaints, but delays action until there’s preliminary assurance that the case has enough merit. This careful approach prevents miscarriages of justice while respecting the complainant’s right to be heard.

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BNSS Section 225 FAQs

BNSS 225

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