CHAPTER XVI: COMPLAINTS TO MAGISTRATES
This chapter explains the process for “private complaints” – when a citizen bypasses the police and files a criminal case directly with a Magistrate.
Section 223: Examination of complainant
- Sub-section (1):
- Simple English: When a Magistrate “takes cognizance” (decides to begin) a case based on a private complaint, they must immediately examine the complainant (the person filing) and any witnesses they have brought with them. This examination is done under oath. The summary of what they say must be written down and signed by them and the Magistrate.
- Real-World Example: You file a complaint for cheating. The judge will call you to the witness box, make you swear an oath, and ask you to explain exactly what happened and who your witnesses are. This is called the “pre-summoning evidence.”
- Sub-section (1), First Proviso:
- Simple English: This is a major new provision in the BNSS. It states that a Magistrate shall not take cognizance of an offence without giving the accused an opportunity of being heard.
- What this means: This suggests that before a Magistrate even issues a summons in a private complaint, they must first notify the person being accused and hear their side. This is a significant step intended to filter out false or malicious complaints at the earliest stage.
- Real-World Example: You file a private complaint against your neighbor. Under this new rule, the judge must send a notice to your neighbor to appear and give his side of the story before the judge decides whether to start a criminal trial against him.
- Sub-section (1), Second Proviso:
- Simple English: A Magistrate doesn’t need to examine the complainant on oath in two situations:
- (a) If the complaint is filed by a public servant (in their official capacity) or by a court. (The system trusts that the complaint is genuine).
- (b) If the Magistrate, after taking cognizance, immediately “makes over” (transfers) the case to another Magistrate for trial (under Sec 212). The second Magistrate doesn’t need to re-examine them.
- Real-World Example: A court itself files a complaint for perjury (under Sec 215) against a witness. The Magistrate receiving this complaint does not need to put the “court” (i.e., the other judge) on the witness stand to examine them.
- Simple English: A Magistrate doesn’t need to examine the complainant on oath in two situations:
- Sub-section (2):
- Simple English: This is another new safeguard for public servants. If a Magistrate receives a private complaint against a public servant for an act done in their official duty, the Magistrate cannot take cognizance unless two conditions are met:
- (a) The public servant is given a chance to make “assertions” (explain their side of the story).
- (b) The Magistrate receives a report on the incident from the public servant’s superior officer.
- Real-World Example: A person files a private complaint against a police officer, alleging the officer “assaulted” them while making an arrest. The Magistrate cannot issue a summons until he gives the officer a chance to be heard and receives a report from the Superintendent of Police (SP) explaining the circumstances of the arrest.
- Simple English: This is another new safeguard for public servants. If a Magistrate receives a private complaint against a public servant for an act done in their official duty, the Magistrate cannot take cognizance unless two conditions are met:
Section 224: Procedure by Magistrate not competent to take cognizance of case
- Simple English: This is what happens if you file your complaint in the wrong court (a court that doesn’t have jurisdiction).
- (a) If your complaint is in writing, the Magistrate will return it to you with a note (“endorsement”) on it, directing you to file it in the correct court.
- (b) If your complaint is oral, the Magistrate will simply tell you which court you need to go to.
- Real-World Example: You file a complaint in a court in South Delhi for a crime that happened in North Delhi. The South Delhi Magistrate will return your file and say, “File this in the Tis Hazari court,” (which has jurisdiction for North Delhi).
Section 225: Postponement of issue of process
- Sub-section (1):
- Simple English: This is what a Magistrate does when they receive a private complaint but aren’t yet sure if there’s enough evidence to start a trial. They can “postpone” issuing the summons/warrant to the accused.
- Instead, they can:
- Inquire into the case themselves: (e.g., call more witnesses to examine).
- Direct an investigation: Order the police (or any other person they think fit) to investigate the matter and submit a report.
- This is done “for the purpose of deciding whether or not there is sufficient ground for proceeding.”
- Mandatory Investigation: If the accused lives outside the Magistrate’s jurisdiction, the Magistrate must postpone and order an investigation (they can’t just issue a summons based on the complainant’s word).
- Real-World Example: A Magistrate receives a complex private complaint about cheating. He’s not convinced, so he makes an order: “Issue of process is postponed. The complaint is sent to the local SHO under Sec 225 to investigate and submit a report within 30 days.”
- Sub-section (1), Provisos:
- (a) A Magistrate cannot order an investigation if the complaint is for a very serious offence only triable by the Court of Session (like murder).
- (b) A Magistrate cannot order an investigation unless they have first examined the complainant and their witnesses under oath (as per Sec 223).
- Sub-section (2):
- Simple English: When a Magistrate is conducting their own inquiry (not a police investigation), they can take evidence from witnesses under oath.
- Proviso: If the case is a serious one (triable only by Sessions Court), the Magistrate must call all of the complainant’s witnesses and examine them all under oath.
- Sub-section (3):
- Simple English: If the Magistrate orders someone other than a police officer to investigate, that person gets all police investigation powers except the power to arrest without a warrant.
- Real-World Example: A Magistrate appoints a court official to investigate a complaint of illegal construction. That official can enter the property and take measurements, but he cannot arrest the builder.
Section 226: Dismissal of complaint
- Simple English: This is the “exit” for a bad complaint. If, after considering the complainant’s sworn statement (Sec 223) or the investigation report (Sec 225), the Magistrate is of the opinion that there is “no sufficient ground for proceeding”, they shall dismiss the complaint.
- Mandatory Step: The Magistrate must briefly record their reasons for dismissing it.
- Real-World Example: The police investigation report (from Sec 225) states that the “cheating” complaint was just a personal loan that wasn’t repaid, which is a civil dispute. The Magistrate reads this, agrees, and writes an order: “Complaint dismissed, as it reveals a civil dispute, not a criminal offence.”
