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Complaint

defination of complaint and procedure before magistrate.

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2050205 ANISH ANAND
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7 views3 pages

Complaint

defination of complaint and procedure before magistrate.

Uploaded by

2050205 ANISH ANAND
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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What is a Complaint?

Section 2(h) of BNSS - “complaint” means any allegation made orally or in writing to a
Magistrate, with a view to his taking action under this Sanhita, that some person, whether known
or unknown, has committed an offence, but does not include a police report.

The term “complaint” refers to any assertion made before a magistrate, either orally or in
writing, according to the code of criminal procedure. It is done without a police report but with
the intention of initiating action under this Code against some person, known or unknown, who
has committed an offence.

Procedure to be Followed by a Magistrate Upon Receiving a Complaint

1. Examination of the Complainant (Section 223)

When a magistrate receives a complaint, they are required to examine the complainant and any
witnesses present under oath. The key provisions under Section 223 are:

1. The magistrate must reduce the substance of the examination to writing and obtain
signatures from the complainant, witnesses, and themselves.
2. Certain exceptions to the examination are provided:
○ If the complaint is made in writing by a public servant acting in their official
capacity or by a court.
○ If the magistrate transfers the case to another magistrate under Section 212.
3. Complaints against public servants require additional safeguards:
○ The public servant must be given an opportunity to explain the circumstances
leading to the alleged offense.
○ A report from a superior officer regarding the incident must be received before
cognizance is taken.

Significance:
This section ensures that only genuine complaints are entertained. By examining complainants
and witnesses under oath, it helps deter false or malicious allegations and maintains judicial
efficiency.

2. Procedure for Incompetent Magistrates (Section 224)

If a magistrate receives a complaint but is not competent to take cognizance of the offense, they
must:
● Return the complaint (if in writing) for presentation to the appropriate court with an
endorsement stating the lack of jurisdiction.
● Direct the complainant to the proper court if the complaint is oral.

Significance:
This provision ensures that cases are heard by the appropriate judicial authority, preventing
jurisdictional errors and safeguarding the rights of the complainant and the accused.

3. Postponement of Issuance of Process (Section 225)

Upon receiving a complaint, a magistrate may decide to postpone issuing a process against the
accused. This section empowers the magistrate to:

1. Conduct an inquiry themselves or direct an investigation by the police or another


authorized individual to determine if sufficient grounds exist to proceed.
2. Take evidence of witnesses on oath during the inquiry.

Prohibitions:

● The magistrate cannot direct an investigation:


○ If the offense is triable exclusively by a Court of Session.
○ Unless the complainant and witnesses have been examined on oath, except where
the complaint is made by a court.
3. If an investigation is conducted by a person other than a police officer, they are granted
all investigative powers, excluding the authority to arrest without a warrant.

Significance:
This section provides the magistrate with flexibility to verify allegations before initiating
proceedings, ensuring that only credible cases are taken forward.

4. Dismissal of Complaint (Section 226)

If the magistrate, after examining the complainant and witnesses or considering the findings of
an inquiry or investigation under Section 225, concludes that there is insufficient ground to
proceed, they may dismiss the complaint. In such cases, the magistrate must briefly record their
reasons for dismissal.

Significance:
This provision prevents unnecessary harassment of individuals by dismissing baseless
complaints. Requiring written reasons for dismissal promotes accountability and transparency in
judicial decision-making.
The BNSS, 2023, provides a robust and detailed procedure for handling complaints, empowering
magistrates to exercise discretion judiciously while maintaining procedural integrity. By striking
a balance between accessibility for complainants and safeguards against misuse, these provisions
strengthen the criminal justice system and uphold the principles of fairness and justice.

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