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.
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.
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.
Section 225 of BNSS Overview
This section empowers a Magistrate to postpone the issue of process (summons or warrant) in two cases:
- If he deems it fit, or
- 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.
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.
Section 225 of BNSS Short Information
| Key Point | Simple Explanation |
|---|---|
| 1. Postponement of Process | The Magistrate may delay issuing summons or warrants if needed, but must postpone if the accused lives outside his jurisdiction. This prevents hasty legal action. |
| 2. Preliminary Inquiry or Investigation | Before summoning the accused, the Magistrate may conduct an inquiry or order a police investigation to confirm if the complaint has enough evidence to proceed. |
| 3. Limits on Ordering Investigation | Investigation cannot be ordered if the offence is triable only by the Court of Session or if complainant and witnesses were not examined under Section 223. |
| 4. Examination Under Oath | In serious cases, the Magistrate must record the complainant’s and witnesses’ statements under oath before deciding to move forward. |
| 5. Powers of Investigators | If the inquiry is done by someone other than a police officer, that person can exercise police powers—except arrest without a warrant—to conduct the investigation properly. |
BNSS Section 225 FAQs
BNSS 225
Conclusion
BNSS Section 225 provides crucial procedural safeguards before a Magistrate issues summons or warrants against an accused. It ensures that no one is dragged into court without sufficient evidence or inquiry. The section makes it mandatory to delay the process if the accused lives outside the Magistrate’s jurisdiction, and allows inquiries or investigations to confirm the truth of a complaint. It also restricts investigations in serious cases unless witnesses are examined under oath. This law strikes a fair balance—protecting individuals from wrongful prosecution while ensuring that genuine cases can move forward efficiently.
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