COMPLAINTS TO MAGISTRATE
Comparative Analysis between Crpc 1987 and BNSS 2023 (Chapter 16)
Presentation by :- APO Rashmi Pandey
Trainee officer UJALA
ENTERING A NEW ERA OF
CRIMINAL JUSTICE SYSTEM
• Code of Criminal Procedure, 1973 is proposed to be repealed and a new law is to
be enacted, namely, the Bharatiya Nagarik Suraksha Sanhita, 2023.
• It provides for the use of technology and forensic sciences in the investigation of
crime and furnishing and lodging of information, service of summons, etc., through
electronic communication. Specific time-lines have been prescribed for time bound
investigation, trial and pronouncement of judgements.
• Citizen centric approach have been adopted for supply of copy of first information
report to the victim and to inform them about the progress of investigation, including
by digital means.
• In cases where the punishment is seven years or more, the victim shall be given an
opportunity of being heard before withdrawal of the case by the Government.
• Summary trial has been made mandatory for petty and less serious cases. The
accused persons may be examined through electronic means, like video
conferencing. The magisterial system has also been streamlined.
COMPLAINTS TO MAGISTRATE
Section 200 of the CrPC requires the Magistrate to hear a case and question the complainant and
any witnesses present under oath for a sufficient amount of time to satisfy himself. The object of this is
to determine if the accusations present a prima facie case for the Magistrate to issue process
under Section 204 of the Criminal Procedure Code of 1973. If the witnesses are present on the date
the complaint is filed, their statements should also be recorded under this provision.
The Magistrate has three alternatives after recording the complainant and witnesses’ testimonies and
evidence under Section 200 CrPC, 1973.
• He may issue a process under Section 204 of the Criminal Procedure Code of 1973 if a prima facie
crime is established and the potential accused resides within the Magistrate’s local jurisdiction.
• He may dismiss the complaint under Section 203 of the CrPC, 1973 if no prima facie crime is shown
and no reasonable foundation for prosecution exists, or
• He may postpone the issuance of the process awaiting further inquiry by himself or investigation by
police or any other person as he thinks appropriate under Section 202 of the Criminal Procedure
Code of 1973.
CHANGES IN CHAPTER 16
Chapter 16 of CRPC 1873 deals with complaints to magistrate in non cognizable
cases. The entire scheme of the chapter is to deal with less serious offences and
allowing direct complaint to magistrate so that matters can be solved gracefully
without the rigor o police investigation. Only 1 section has been amended in the
aforesaid chapter, i.e. Sec 200 dealing with Examination of Complaint by Magistrate.
CRPC 1987 TITLE BNSS 2023
S. 200* Examination of complainant Clause 223 phrase “magistrate having
jurisdiction” has been added
“Opportunity of hearing for
accused”
“ compliance to sec 217”
S. 201 Procedure by magistrate not competent to Clause 224
No change
take cognizance of the case
S. 202 Postponement of issue of process Clause 225 corresponding changes in
sequence of sections
S. 203 Dismissal of complaint Clause 226 corresponding changes in
sequence of sections
EXAMINATION OF COMPLAINANT
(223)
• 223. 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 under this section 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) (b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under section 212:
Provided further 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:
Provided further that in case of a complaint against a public servant, the Magistrate shall comply with the
procedure provided in section 217
ANALYSIS OF THE PROPOSED
CHANGES IN SEC 200
• The 1st change is with respect to the phrase “magistrate having jurisdiction”
being added to the new BNSS 2023. With this what has been sort to achieve
is that complaints to magistrate must be brought to the magistrate having
jurisdiction over the offence and of no other. This clarification runs strictly as
law following the rule of literal interpretation.
• Another major breakthrough is the newly added proviso stating “provided
that no cognizance of an offence under this section shall be taken by the
Magistrate without giving the accused an opportunity of being heard”
this would be so, to reduce frivolous complaints and resolve minor issues
at a prior stage before it becoming a part of litigation.
ANALYSIS OF THE PROPOSED
CHANGES(2)
• A further proviso has been added stating “provided further that in case of
a complaint against a public servant, the Magistrate shall comply with
the procedure provided in section 217.” This section provides for previous
sanction of state govt, central govt or district magistrate for offences against
state, criminal conspiracy etc. Sec 217 also provides for an investigation
being ordered by DM on the behalf of both the govt.s or otherwise beore
granting sanction. Clause 223 of BNSS provides for need of sanction for
complaints filed against public Servants.
PROCEDURE BY MAGISTRATE NOT
COMPETENT TO TAKE COGNIZANCE
OF THE CASE
(224)
224. If the complaint is made to a Magistrate who is not competent to take
cognizance of the offence, he shall,—
• (a) if the complaint is in writing, return it for presentation to the proper Court
with an endorsement to that effect;
• (b) if the complaint is not in writing, direct the complainant to the proper
Court
POSTPONEMENT OF ISSUE OF PROCESS
(225)
• 225. (1) Any Magistrate, on receipt of a complaint of an offence of which he is authorized 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.
POSTPONEMENT OF ISSUE OF
PROCESS (2)
• In S.S. Binu v. State of West Bengal (2018), the court concluded that, in terms
of the type of examination, the establishment of Section 202 Crpc/clause
225 BNSS 2023 has two goals:
• First is to empower the Magistrate to analyse exactly the claims stated in the
accusation to avoid a person identified as accused from being summoned
to confront an irrelevant, flimsy, or meritless complaint.
• Secondly, to determine if there is any material to defend the allegations
stated in the complaint, or in other words the learned Magistrate engaged is
under obligation to decide the commission of the offence after appropriate
consideration.
DISMISSAL OF COMPLAINT
(226)
• 226. 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) under section 225, 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.
• Chimanlal v. Datar Singh (1997),
• the court ruled that dismissing a complaint is improper if the Magistrate fails to interrogate a
material witness under Section 202. The Magistrate has the authority to dismiss the complaint or
refuse to issue the procedure when:
• The Magistrate determines that no offence was committed when the complaint is put to writing
following Section 200;
• If the Magistrate doubts the complainant’s assertions;
• If the Magistrate believes that more inquiry is required, he may postpone the issuing of the process.
• The complainant is not permitted to submit any recall applications under Section 203 CrPC if the
court has already issued the process.
Thank you
