Under section 223 Bharatiya Nagarik Suraksha Sanhita, 2023 recording of pre-summoning evidence may be dispensed with if:-

The complaint is supported by an affidavit of the complainant

The complaint is made in writing by a public servant

The Magistrate feels that ends of justice require pre-summoning evidence to be dispensed with.

Under Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the magistrate need not examine the complainant and the witnesses:-

if the complaint is supported by the affidavit of the complainant

if the complaint is made in writing by a public servant in the discharge of his official duties

if the complainant is senior citizen

In a private complaint case process can be issued against an accused after:-

Complaint in writing is presented to the Court

Complainant's statement on oath is recorded

The Magistrate is of the opinion that there is sufficient ground to proceed with the case.

Police upon investigation submit a report that there is sufficient ground to proceed with the case.

Upon perusal of a complaint alleging offence of cheating and dishonestly inducing delivery of property during the course of business transaction between two firms, the jurisdictional Magistrate may:-

Take cognizance and examine upon oath the complainant and the witnesses who are present.

Examine upon oath the complainant and the witnesses who are present and then consider if cognizance be taken or not.

Decline to take cognizance if the offence alleged is triable exclusively by the court of Sessions.

Issue summons to the accused if prima facie satisfied on basis of affidavit of the complainant and then examine the complainant and his witnesses in the presence of the accused.

If a complaint in writing is made to a Magistrate who is not competent to take cognizance of the offence:-

he shall punish the complainant

he shall return it for presentation to the proper court with an endorsement to that effect.

If it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he under section 225 Bharatiya Nagarik Suraksha Sanhita, 2023 postponing the issue of process against the accused:-

Shall commit the case to the court of Session

May direct an investigation to be made by a police officer

Shall call upon the complainant to produce all his witness and examine them on oath

Shall return the complaint for presentation to produce before the Court of Session.

Direction to the police to investigate u/s. 225 of Bharatiya Nagarik Suraksha Sanhita, 2023:-

Cannot be given without examining the complainant on oath.

Can be given without examining the complainant on oath.

Can be given before or after examining the complainant on oath.

Cannot be given in any circumstances.

The distinction between a police investigation ordered under Section 156(3) and one directed under Section 202 of Cr.P.C. [Now, between Section 175(3) and Section 225 of BNSS, 2023] has been clearly brought out by the Supreme Court in:-

Devarapalli Lakshminarayana Reddy v. V. Narayana Reddy

Smt. Nagawwa v. Veerama Shivalingappa Konjalgi

Dr. S.S. Khanna v. Chief Secretary

After dismissal of a complaint under Section 226, a fresh similar complaint on the same facts:-

Is not banned but will be entertained only in exceptional circumstances

Is not banned and will be entertained in all circumstances

Under Section 226 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a magistrate may dismiss a complaint for which of the following reasons?

Magistrate is of opinion that there is no sufficient ground for proceeding

Magistrate is of opinion that there is not adequate evidence to convict the accused

Magistrate conclusively finds that accused is no more alive

In all of the above circumstances.

📖 Bharatiya Nagarik Suraksha Sanhita (BNSS)•🎯 11 Practice MCQs

Chapter XVI: Complaints to Magistrates (Sections 223–226)

Chapter-wise objective questions with statutory bare act articles, landmark Supreme Court case laws, and past judicial service citations.

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Chapter XVI: Complaints to Magistrates (Sections 223–226) • 11 Questions

📚 Chapter Practice Coverage

This practice module for Chapter XVI: Complaints to Magistrates (Sections 223–226) contains 11 Multiple Choice Questions tailored for State Judicial Service Preliminary Examinations (including UP PCS-J, Delhi Judicial Service, Bihar Judiciary, MP Judiciary, Rajasthan Judicial Service), CLAT LL.M, All India Bar Examination (AIBE), and UGC-NET Law.

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