Section 226: Dismissal of complaint

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 5 of our papers cite Section 226. Try these from the free papers:

1. 1. Under Section 226 of the BNSS, if, after considering the statements on oath of the complainant and the witnesses and the result of any inquiry or investigation under Section 225, the Magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss the complaint and:

   A.refer the matter to the Sessions Judge for confirmationB.briefly record his reasons for so doingC.direct the officer in charge of the police station to register a first information reportD.order the complainant to pay compensation to the person complained against
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2. 2. 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:

   A.is valid, because the BNSS applies only to offences under the BNS and the PMLA contains its own complete code of procedureB.is liable to be set aside, because a PMLA complaint must be filed as a police report and not as a complaint before the CourtC.is valid, because a hearing before cognizance is required by Section 223 only for complaints made against public servantsD.is liable to be set aside, as the proviso to Section 223(1) BNSS bars cognizance without hearing the accused
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