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CHAPTER XVI COMPLAINTS TO MAGISTRATES

Section 223: Examination of complainant

The Bharatiya Nagarik Suraksha Sanhita, 2023

(1) A Magistrate having jurisdiction while taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate:

Provided that no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard:

Provided further that when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses—

(a) if a public servant acting or purporting to act in the discharge of his official duties or a Court has made the complaint; or

(b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under section 212:

Provided also that if the Magistrate makes over the case to another Magistrate under section 212 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them.

(2) A Magistrate shall not take cognizance on a complaint against a public servant for any offence alleged to have been committed in course of the discharge of his official functions or duties unless—

(a) such public servant is given an opportunity to make assertions as to the situation that led to the incident so alleged; and

(b) a report containing facts and circumstances of the incident from the officer superior to such public servant is received.

Corresponding CrPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

223(1)200. Examination of complainant.
223(2)New Sub-Section

Questions on this section

5 questions in 20 of our papers cite Section 223. Try these from the free papers:

  1. 1. After 1 July 2024, the Directorate of Enforcement files a complaint under Section 44(1)(b) of the Prevention of Money-Laundering Act, 2002. The Special Court takes cognizance without hearing the accused. Following Kushal Kumar Agarwal v. Directorate of Enforcement (9 May 2025), the order taking cognizance:

  2. 2. Under Section 223(2) of the BNSS, a Magistrate shall not take cognizance on a complaint against a public servant for an offence alleged to have been committed in the course of the discharge of his official functions or duties unless:

Practise questions on Bharatiya Nagarik Suraksha Sanhita