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Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XVI: Complaints To Magistrates

Section 223 BNSS: Examination of complainant

Corresponding CrPC
Section 200 CrPC
Note
New: requires the accused to be given a hearing before cognizance, and a public servant to be heard before cognizance on a complaint relating to official duties.

Bare Act 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.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Requires a Magistrate taking cognizance on a complaint to examine the complainant and witnesses present on oath, reducing the substance to writing signed by them and the Magistrate. No cognizance may be taken without giving the accused an opportunity of being heard. For a complaint against a public servant in official duties, the public servant must be allowed to explain the situation and a report from his superior officer must be received.

Chapter XVI: Complaints To Magistrates

  1. 223 Examination of complainant
  2. 224 Procedure by Magistrate not competent to take cognizance of case
  3. 225 Postponement of issue of process
  4. 226 Dismissal of complaint