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Introduction to Section 224 BNSS

BNSS Section 224 outlines the steps to be taken when a complaint is made to a Magistrate who is not legally authorized (not competent) to take cognizance of that complaint. The law ensures that such matters are not wasted in the wrong forum and are redirected correctly. This provision keeps the judicial system efficient by ensuring that only the correct court with proper jurisdiction handles a case from the beginning.


Courtroom scene showing judge and parties with text "Section 224 BNSS: Magistrate’s Role When Lacking Cognizance Power
BNSS Section 224 explains what a Magistrate must do when not competent to take cognizance of a complaint.


What is BNSS Section 224 ?

BNSS 224 is a legal provision that deals with jurisdictional limits. It applies when a complaint reaches a Magistrate who cannot legally take action on it due to a lack of authority. Instead of ignoring the complaint, the Magistrate must either return the complaint with a note (if it is written) or guide the complainant to the correct court (if it’s verbal). This ensures cases are handled by the right court from the outset.


Illustration of BNSS 224 procedure showing a Magistrate redirecting a complaint due to lack of jurisdiction
BNSS 224 ensures that complaints are handled by the correct court when the Magistrate lacks legal authority.

BNSS Section of 224 in Simple Points

BNSS Section 224 – Explained in Simple 5 Key Points (Paragraph-wise)

1. Jurisdictional Clarity

BNSS 224 ensures that a complaint is handled only by a Magistrate who has the authority to take action on it. This avoids legal complications, as any act beyond a Magistrate’s jurisdiction can be challenged and declared invalid. The law places a check on this by requiring the complaint to be forwarded correctly.

2. Written Complaint Procedure

If a complaint is made in written form, and the Magistrate realizes he has no legal power to take cognizance, the complaint must be returned to the complainant. The return must include a written endorsement clarifying that the complaint should be submitted to the proper Court. This ensures transparency in redirection.

3. Oral Complaint Procedure

When a complaint is not made in writing (i.e., orally), the Magistrate simply instructs or guides the complainant to go to the court that has the required legal jurisdiction. This saves time and ensures no formal paperwork needs to be handled unnecessarily.

4. Preservation of Judicial Process

This section protects the integrity of the judicial process. By channeling complaints to the right authority from the start, it avoids the risk of evidence being mishandled, or the case being rejected later due to lack of jurisdiction. It also keeps the complainant informed about the proper procedure.

5. Efficiency and Legal Order

BNSS 224 contributes to judicial efficiency and discipline. Instead of proceeding wrongly or rejecting complaints outright, it provides a systematic way to redirect them. It saves time for both courts and complainants and reinforces the idea that only properly empowered courts should handle criminal matters.


Section 224 of BNSS Overview

BNSS Section 224 falls under Chapter XVI – Complaints to Magistrates. It provides a simple but important safeguard: if a complaint is made to a Magistrate who does not have jurisdiction or authority, the complaint is either returned with directions or the complainant is guided to the proper court. This avoids judicial overreach, respects legal limits, and ensures that proceedings start at the correct venue.

BNSS Section 224 – 10 Key Points Procedure by Magistrate Not Competent to Take Cognizance of Case

1. Scope of BNSS Section 224

BNSS Section 224 outlines the procedure when a complaint is made to a Magistrate who is legally not competent to take cognizance of the offence. This section ensures that judicial authority is exercised only by the appropriate court. It prevents the misuse of time and judicial process by guiding the complaint to the proper jurisdiction without delay.

2. Meaning of Competence to Take Cognizance

In legal terms, “taking cognizance” means the Magistrate becomes aware of an offence and begins legal proceedings. A Magistrate’s competence depends on the nature of the offence, territorial limits, and legal powers granted by law. If these conditions aren’t met, the Magistrate cannot proceed with the complaint.

3. Procedure When Complaint is in Writing

If the complaint is submitted in writing to a Magistrate who lacks jurisdiction or authority, the law requires that the Magistrate return the complaint to the complainant. Along with it, an endorsement must be made, stating that the complaint should be presented to the proper Court. This ensures clarity and a traceable record of legal movement.

4. Procedure When Complaint is Not in Writing

When the complaint is made orally or informally, the Magistrate does not return any document. Instead, he simply directs the complainant to go to the proper Court that has the legal power to take cognizance. This process maintains simplicity while still respecting jurisdictional boundaries.

5. Importance of Jurisdiction

Jurisdiction is fundamental in the justice system. BNSS Section 224 upholds the principle that cases should only be tried by competent authorities. Whether it’s based on the type of offence or the area it occurred, sending the complaint to the right court avoids legal complications or future objections.

6. Prevents Procedural Errors

This section acts as a safeguard against procedural errors. If an incompetent Magistrate unknowingly starts the process, it can later invalidate the trial. Section 224 prevents this by stopping the complaint at the entry level, avoiding unnecessary legal delay or quashing.

7. Protects Rights of the Accused

By ensuring that only the appropriate Magistrate hears a case, BNSS 224 indirectly protects the rights of the accused. It prevents any possibility of being tried in an unauthorized court, which could lead to unfair outcomes or legal challenges.

8. Saves Judicial Time and Resources

Directing the complaint to the correct court at the outset saves valuable time and resources of both the judiciary and the parties involved. It ensures smooth movement of complaints and avoids duplication of work, especially in minor or jurisdictionally sensitive cases.

9. Legal Certainty and Transparency

The requirement to add an endorsement on the returned complaint in writing cases brings in transparency and legal certainty. It provides documentary proof that the complaint was moved and prevents confusion or doubt about the handling of the case.

10. Strengthens Judicial Discipline

This section promotes discipline among Magistrates by reminding them to strictly adhere to their jurisdictional powers. It discourages any Magistrate from proceeding with a complaint beyond their legal authority, thereby upholding the structural integrity of the judicial system.

Example 1:

A person files a written complaint about a theft case with a Magistrate in District A. However, the crime occurred in District B. Since the Magistrate in District A does not have territorial jurisdiction, he returns the complaint with an endorsement, instructing the complainant to submit it to District B’s court.

Example 2:

A person orally reports a case of assault to a Magistrate who is not empowered to try such serious offences. As the complaint was not in writing, the Magistrate simply directs the complainant to approach the Sessions Court, which has the proper authority.


Section 224 of BNSS Short Information

BNSS 224Explanation
What does BNSS 224 state?It directs what a Magistrate should do when he lacks jurisdiction to take cognizance of a complaint.
How should written complaints be handled under BNSS 224?The complaint must be returned to the complainant with an endorsement to file it before the competent court.
How should oral complaints be addressed under BNSS 224?The Magistrate must guide the complainant to approach the proper court.
Why is jurisdiction important in BNSS 224?It ensures only authorized courts handle cases, reducing legal errors and ensuring justice is delivered effectively.
What is the purpose of BNSS 224 in the justice system?To protect procedural integrity by making sure that legal proceedings start in courts with the appropriate authority.

Why is BNSS 224 Needed ?

BNSS Section 224 is crucial for maintaining the procedural discipline of the legal system. Courts operate within specific jurisdictional boundaries, and if a Magistrate without proper authority starts hearing a case, it can lead to invalid proceedings, legal delays, and even miscarriage of justice. This section ensures that complaints—whether written or oral—are immediately redirected to the correct court, preventing waste of judicial resources and safeguarding the complainant’s rights. By mandating specific actions, BNSS 224 upholds both efficiency and legality in early stages of case handling.


BNSS Section 224 FAQs

BNSS 224

BNSS Section 224 applies when a complaint is filed before a Magistrate who does not have the legal power (jurisdiction) to take cognizance of the offence. In such cases, the Magistrate must take corrective action by returning the written complaint with proper endorsement or directing the complainant to the appropriate court if the complaint is oral.
If the complaint under BNSS 224 is in writing and the Magistrate lacks the power to take cognizance, the Magistrate must return the complaint to the complainant. Along with it, the Magistrate must provide an endorsement (a written note) explaining that the complaint should be filed before the proper court.
In case the complaint is not in writing, BNSS 224 requires the Magistrate to direct the complainant to the correct court. This ensures that even oral grievances are properly redirected to a competent authority.
BNSS 224 ensures that judicial authority is respected and legal jurisdiction is upheld. It prevents invalid proceedings by making sure that complaints are heard only by the courts empowered to handle them. This safeguards both complainants and the legal process from procedural errors.
Yes, BNSS 224 applies to any complaint made to a Magistrate when that Magistrate does not have the legal jurisdiction to take cognizance. Whether civil or criminal, written or verbal, the Magistrate must follow the procedure defined under this section to ensure proper redirection.

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