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CHAPTER XVI COMPLAINTS TO MAGISTRATES

Section 225: Postponement of issue of process

The Bharatiya Nagarik Suraksha Sanhita, 2023

(1) Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 212, may, if he thinks fit, and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction, postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding:

Provided that no such direction for investigation shall be made,—

(a) where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session; or

(b) where the complaint has not been made by a Court, unless the complainant and the witnesses present (if any) have been examined on oath under section 223.

(2) In an inquiry under sub-section (1), the Magistrate may, if he thinks fit, take evidence of witnesses on oath:

Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath.

(3) If an investigation under sub-section (1) is made by a person not being a police officer, he shall have for that investigation all the powers conferred by this Sanhita on an officer in charge of a police station except the power to arrest without warrant.

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

Questions on this section

2 questions in 4 of our papers cite Section 225. 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:

Practise questions on Bharatiya Nagarik Suraksha Sanhita