Section 200: Examination of complainant

Now in the BNSS

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

3 questions in 8 of our papers cite Section 200. 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:

   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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2. 2. In Sri. Rajkumar Madki v. Dr. Shailendra Beldale (16 October 2026), the Supreme Court considered whether a private person may file a complaint under Section 200 CrPC for the offence of filing a false affidavit by a candidate under Section 125-A of the Representation of the People Act, 1951. It held that:

   A.only the Election Commission may complain, since the offence concerns the conduct of an electionB.a private complaint lies only after the High Court has decided an election petition on the same factsC.a private complaint lies, since Section 125-A is not among the offences listed in Section 195(1)(a) CrPCD.only the Returning Officer may complain, since the affidavit is delivered to him as a public servant
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