BNSS Section 225 — Postponement of issue of process

CHAPTER XVI COMPLAINTS TO MAGISTRATES

Criminal

Summary

When a magistrate receives a complaint about an offence they can handle, they may delay sending a summons or notice to the accused person. This is required if the accused lives outside the magistrate’s area of authority. During this delay, the magistrate can either investigate the case themselves or order a police officer or another person to investigate, to decide if there is enough reason to proceed. However, the magistrate cannot order such an investigation if the offence can only be tried by a Sessions Court, or if the complaint was not made by a court and the complainant and witnesses have not been questioned under oath. During the magistrate’s own inquiry, they may take evidence from witnesses under oath, and if the offence is only triable by a Sessions Court, they must ask the complainant to bring all their witnesses and question them under oath. If the investigation is done by someone who is not a police officer, that person gets all the powers of a police station officer except the power to arrest without a warrant.

Official Text

(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.

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)
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)

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