BNSS Section 223 — Examination of complainant

CHAPTER XVI COMPLAINTS TO MAGISTRATES

Criminal

Summary

When a Magistrate decides to take up a complaint case, they must first question the person making the complaint and any witnesses who are present. The key points from this questioning must be written down and signed by the complainant, the witnesses, and the Magistrate. However, the Magistrate cannot take up the case without first giving the accused person a chance to be heard. The Magistrate does not need to question the complainant if the complaint is made by a government official acting in their official duty or by a court, or if the case is being sent to another Magistrate for trial. If the case is sent to another Magistrate after the questioning has already happened, the second Magistrate does not need to question them again. For complaints against a public servant for something done in their official work, the Magistrate can only take up the case if the public servant is first given a chance to explain the situation, and a report from their senior officer about the incident is received.

Official Text

(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.

Related Judgments

  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • SC (2024) Vol.12 p.335 — Supreme Court of India (2024)

Old <-> New Code Mapping