Introduction to Section 223 BNSS
BNSS Section 223, part of Chapter XVI of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedure a Magistrate must follow while taking cognizance of a complaint. It ensures fair examination of the complainant and witnesses while offering procedural protection to public servants. This provision strengthens transparency and accountability in the judicial process.
What is BNSS Section 223 ?
BNSS Section 223 contains two major subsections:
- Subsection (1): Requires the Magistrate to examine the complainant and witnesses under oath and record their statements. It also provides exceptions where examination is not required (e.g., public servant complaints, or transfer under Section 212).
- Subsection (2): Adds procedural safeguards for complaints against public servants, including a mandatory opportunity for them to explain and the need for a report from their superior.
BNSS Section of 223 in Simple Points
- Magistrate Must Examine Complainant & Witnesses:
When a complaint is filed, the Magistrate must examine the complainant and any witnesses under oath. Their statements must be written down and signed by everyone involved, ensuring authenticity and legal formality. - Written Complaints May Skip Oral Examination:
If the complaint is made in writing by a public servant or court, or if the case is transferred under Section 212, the Magistrate can skip the oral examination. This makes the process faster in official or transferred cases. - Accused Has Right to Be Heard Before Cognizance:
The Magistrate cannot take cognizance of the complaint without first giving the accused a fair chance to be heard. This provision ensures natural justice and protection against wrongful proceedings. - Special Safeguards for Public Servants:
If a public servant is accused, the Magistrate must first allow the officer to explain the situation and wait for a detailed report from their superior. This avoids misuse of legal provisions against officials performing their duty. - Transfer of Case Does Not Require Re-examination:
If one Magistrate has already examined the complainant and witnesses, and the case is handed over to another Magistrate, re-examination is not required. This saves time and avoids redundancy in the trial process.
Section 223 of BNSS Overview
BNSS Section 223 provides a systematic process for Magistrates to assess complaints. It mandates the examination of the complainant and witnesses under oath, requires documentation of the examination, and introduces exceptions for public servant complaints. The section also introduces safeguards for the accused and public officers, making the complaint mechanism fair and efficient.
BNSS Section 223 – 10 key points Examination of Complainant (Chapter XVI: Complaints to Magistrates)
1. Role of Magistrate in Complaint Handling
Section 223 empowers a Magistrate with jurisdiction to take cognizance of an offence based on a complaint. When doing so, the Magistrate must examine the complainant and any present witnesses under oath. This ensures the authenticity and seriousness of the complaint. The statements made during this examination must be recorded in writing. Furthermore, this record must be signed by both the complainant and the witnesses, and also by the Magistrate. This legal process ensures a verifiable and accountable complaint registration system.
2. Written Record of Examination is Mandatory
The examination of the complainant and witnesses must not only be verbal but should also be documented properly. The law clearly mandates that the substance of such examination be reduced to writing. This written document acts as a formal record and can be referenced during inquiry or trial. It enhances legal transparency and prevents later denial or manipulation of statements. Once written, it becomes part of the official proceedings. This documentation must carry the signatures of all involved parties. Such formalization strengthens the procedural integrity.
3. Accused Must Be Heard Before Cognizance
One of the key procedural safeguards introduced in BNSS is the requirement to hear the accused before taking cognizance. This provision protects the principle of natural justice by ensuring that the accused has a fair chance to explain their position. A Magistrate cannot take legal cognizance of any offence without allowing the accused an opportunity to be heard. This clause helps prevent arbitrary or one-sided proceedings. It strengthens the fairness and credibility of the complaint process. Justice must not only be done but seen to be done.
4. Exemption from Examination in Specific Cases
The law provides certain exceptions where the Magistrate is not required to examine the complainant or witnesses. If the complaint is filed by a public servant performing official duties or by a Court, such examination is not mandatory. This is based on the assumption that these complaints carry inherent official credibility. It avoids redundant procedures and streamlines judicial workload. Additionally, when a case is transferred under Section 212 to another Magistrate, examination may be bypassed. These exceptions ensure procedural efficiency without compromising fairness.
5. Transfer of Case After Examination
If a Magistrate examines the complainant and witnesses and then transfers the case to another Magistrate under Section 212, the new Magistrate need not re-examine them. This provision avoids repetition of procedures and saves judicial time. The recorded statements by the first Magistrate are considered valid for continuation. It upholds the continuity of the process and reduces the burden on witnesses. This clause is essential for effective court management. It shows trust in the procedural work of fellow Magistrates.
6. No Cognizance Against Public Servant Without Due Process
For complaints against public servants for acts done in the discharge of their official duties, additional safeguards are provided. A Magistrate cannot take cognizance without fulfilling certain conditions. The law ensures that such public servants are protected from frivolous or malicious prosecution. This protection, however, is not absolute but conditional upon procedural compliance. It balances accountability and administrative protection. This clause ensures that only genuine complaints proceed further against public officers.
7. Public Servant Must Be Given Opportunity to Explain
Before proceeding against a public servant, the law mandates that they must be given a chance to present their version of the incident. This allows the public servant to clarify circumstances and offer justifications. It aligns with the principles of fairness and transparency. Such a step prevents misuse of the complaint mechanism for harassment. It offers a buffer against undue legal pressure on officials performing public duties. This clause underscores procedural fairness in governance.
8. Superior Officer’s Report is Essential
Along with the public servant’s opportunity to be heard, the Magistrate must receive a factual report from the superior officer of the accused. This report provides an unbiased official perspective on the incident. It helps the Magistrate assess whether the complaint is credible or motivated. The presence of this report ensures a double-check before legal cognizance. It enhances judicial scrutiny and accountability. Such a safeguard ensures that genuine administrative actions are not criminalized without due analysis.
9. Balancing Speed and Justice in Complaints
Section 223 ensures a balanced approach to handling complaints. While it promotes prompt and clear procedures for examining complainants, it also introduces vital checks against misuse. The exceptions and conditions serve to speed up justice where needed and slow it down where fairness demands caution. It makes complaint proceedings both people-friendly and legally robust. This structured approach benefits both complainants and the accused. The section reflects an effort to modernize legal processes under BNSS.
10. Importance of Section 223 in Complaint Procedure
BNSS Section 223 plays a foundational role in how complaints are entertained by Magistrates. It lays down the procedure that ensures complaints are not taken lightly and are supported by evidence and proper testimony. The section enhances accountability, reduces arbitrary cognizance, and strengthens protections for public servants. With clear documentation and mandatory hearings, it fosters a more just complaint resolution mechanism. Section 223 ensures that the Magistrate’s role remains transparent, fair, and legally sound. It’s a critical pillar in India’s reformed criminal procedure framework.
Example 1:
A private citizen files a complaint against a neighbor for physical assault. The Magistrate records the complainant’s statement and witness under oath, signs it, and proceeds with the case after giving the accused a chance to respond — as required under Section 223(1).
Example 2:
A complaint is made against a government officer for misconduct during duty. Before the Magistrate proceeds, the officer is given an opportunity to explain the circumstances. Additionally, the Magistrate waits for a report from the officer’s superior — as required by Section 223(2).
Section 223 of BNSS Short Information
| Key Point | Explanation |
|---|---|
| Examination on Oath | Magistrate must examine complainant and witnesses under oath. |
| Written Record | All statements must be recorded and signed. |
| Accused’s Right to be Heard | Cognizance cannot be taken without hearing the accused. |
| Exceptions for Public Servants | No examination needed if complaint made by public servant or transferred case. |
| Safeguards in Complaints Against Officials | Officer must be heard; superior’s report is mandatory. |
BNSS Section 223 FAQs
BNSS 223
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