Complaints to Magistrates; Dismissal of Complaints (ss.223–226 BNSS) — BNSS (Criminal Law II) Notes

Complaints to Magistrates; Dismissal of Complaints (ss.223–226 BNSS)

A private complaint is easy to file and easy to misuse — a jilted neighbour can drag an enemy to court on a bare allegation. So the Sanhita builds a filter: the Magistrate must examine the complainant on oath and, if the complaint has no legs, throw it out with reasons. That filter is ss.223–226.

The steps after a complaint is filed:

Examination of the complainant (s.223 [s.200 CrPC]). The Magistrate examines the complainant and witnesses on oath, reducing the substance to writing. A proviso requires that where the accused is being tried for an offence, the Magistrate must give the accused an opportunity of being heard before cognizance is taken (a BNSS addition against harassment).
Postponement of issue of process; inquiry (s.225 [s.202 CrPC]). The Magistrate may postpone the issue of process and either inquire into the case himself or direct an investigation by a police officer, to decide whether there is sufficient ground to proceed.
Dismissal of the complaint (s.226 [s.203 CrPC]). If, after examination and any inquiry, the Magistrate finds no sufficient ground for proceeding, he dismisses the complaint, briefly recording his reasons.

The complainant’s remedy against dismissal is a revision to the Sessions Judge/High Court, or (usually) a fresh complaint on better material.

🧩 WORKED EXAMPLE — dismissal without reasons

Facts. A Magistrate dismisses a complaint by a one-line order, “no case”.

Rule. Section 226 requires the Magistrate to record his reasons for dismissal.

Apply. A reasonless dismissal is defective and liable to be set aside in revision.

Conclusion. The order must be quashed and the complaint reconsidered with reasons.

Section 226 BNSS: “If, after considering the statements on oath (if any) of the complainant and of the witnesses and the result of the inquiry or investigation (if any)… the Magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss the complaint, and in every such case he shall briefly record his reasons for so doing.”

In Simple Terms: A Magistrate may throw out a weak complaint, but he must write down why.

flowchart TD
    ROOT["Private complaint filed"]:::root
    ROOT --> A["Examine complainant on oath s.223"]:::leaf
    A --> B["Postpone process; inquiry or police probe s.225"]:::leaf
    B --> C["Sufficient ground?"]:::sidebox
    C --> D["Yes: issue process s.227"]:::leaf
    C --> E["No: dismiss with reasons s.226"]:::leaf
    classDef root fill:#FFF8DC,stroke:#000,stroke-width:1px,color:#000;
    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    classDef sidebox fill:#FDE7C9,stroke:#B45309,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

Case Laws

Pepsi Foods Ltd. v. Special Judicial Magistrate (1998) — issue of process is a serious step; the Magistrate must apply his mind and record satisfaction.
Vadilal Panchal v. Dattatraya Dulaji (1960) — dismissal under s.203 CrPC (now s.226 BNSS) requires a judicial consideration of the material.

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