Section 223 of BNSS, 2023 — Examination of Complainant

Introduction

Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with the examination of the complainant by a Magistrate when a complaint is presented before the Court.

The provision requires the Magistrate to examine the complainant and the witnesses present, if any, on oath. The substance of such examination is reduced to writing and signed by the complainant, witnesses and the Magistrate.

The provision is an important preliminary stage in complaint cases before a Magistrate.

Object and Purpose

The main purposes of Section 223 are:

• to enable the Magistrate to understand the allegations made in the complaint;
• to place the complainant’s statement on the judicial record;
• to examine the witnesses present at the initial stage;
• to assist the Magistrate in deciding whether there is sufficient ground to proceed;
• to discourage frivolous or unsupported complaints.

Examination on Oath

When a complaint is presented before a Magistrate having jurisdiction to take cognizance of the offence, the Magistrate examines:

• the complainant; and
• the witnesses present, if any.

The examination is conducted on oath.

This gives the preliminary statement a formal evidentiary and procedural character.

Recording of Examination

The substance of the examination must be:

• reduced to writing;
• signed by the complainant;
• signed by the witnesses, where applicable; and
• signed by the Magistrate.

The written record becomes part of the proceedings and may assist the Magistrate at subsequent stages.

Exception to the General Rule

Section 223 contains an important exception.

Where the complaint is made in writing, the Magistrate is not required to examine the complainant and witnesses on oath where:

• the complainant is a public servant acting or purporting to act in the discharge of official duties; or
• the Court has made the complaint.

This recognises that complaints made by public authorities or Courts may not require the same preliminary examination as an ordinary private complaint.

Complaint by a Public Servant

If a public servant files a written complaint while acting or purporting to act in the discharge of official duties, the Magistrate need not necessarily conduct the examination contemplated by the ordinary rule.

This is intended to avoid unnecessary repetition of facts already formally placed before the Court by a public authority acting in an official capacity.

Complaint Made by a Court

The same principle applies where the complaint has been made by a Court.

A Court’s complaint does not require the ordinary examination of the complainant and witnesses on oath under the general rule.

Special Provision Concerning Accused Persons

Section 223 also contains a safeguard concerning complaints against persons who are public servants.

Where the accused is a public servant and the alleged offence is connected with an act done or purported to be done in the discharge of official duties, the Magistrate must give the accused an opportunity of making submissions regarding the situation leading to the alleged offence.

This requirement operates before the Magistrate proceeds further with the complaint in the manner prescribed by the section.

Purpose of Giving the Accused an Opportunity

The requirement recognises that public servants may face criminal complaints arising out of official decisions or actions.

Before proceeding against such an accused in the circumstances covered by the provision, the Magistrate is required to consider the accused’s submissions regarding the circumstances surrounding the alleged offence.

This provides an additional procedural safeguard for public servants.

Procedure Under Section 223

The general procedure can be understood as follows:

1. A complaint is presented before a Magistrate.
2. The Magistrate considers whether the Court has jurisdiction to take cognizance.
3. Ordinarily, the complainant and witnesses present are examined on oath.
4. The substance of their examination is reduced to writing.
5. The relevant persons sign the written record.
6. The Magistrate also signs the record.
7. Where the complaint falls within an exception, such examination may not be required.
8. Where the accused is a public servant and the statutory conditions are satisfied, the Magistrate gives the accused the required opportunity to make submissions.
9. The Magistrate then proceeds according to the subsequent provisions governing complaint cases.

Relationship with Cognizance

Section 223 operates after a complaint is presented in a case where the Magistrate is considering taking cognizance.

The examination helps the Magistrate determine whether the complaint discloses sufficient grounds for proceeding.

It should therefore be distinguished from the actual trial.

Preliminary Stage

Complaint and examination under Section 223.

Later Stage

The Magistrate determines whether the case should proceed further under the applicable provisions.

Trial

If the matter proceeds to trial, evidence is recorded and the guilt or innocence of the accused is determined according to law.

Section 223 and Section 210

Section 210 BNSS deals with cognizance of offences by Magistrates.

Section 223 deals with the examination of the complainant after a complaint is presented.

Thus, Section 210 concerns the Magistrate’s power to take cognizance, while Section 223 provides an important procedural step in complaint cases.

Section 223 and Section 224

Section 223 should also be read with the subsequent provision dealing with the procedure where the Magistrate is not competent to take cognizance of the case.

Section 223 primarily concerns the examination of the complainant and witnesses at the preliminary complaint stage.

Important Distinction: Complaint and Examination

A complaint is the allegation presented before the Magistrate.

The examination under Section 223 is the Magistrate’s preliminary examination of the complainant and witnesses on oath.

They are therefore separate procedural steps.

Important Distinction: Examination and Trial

The examination under Section 223 is not a trial.

It is a preliminary procedure designed to assist the Magistrate in deciding whether the complaint should proceed.

The accused’s guilt is not determined at this stage.

Example

Suppose A files a private complaint before a Magistrate alleging that B has committed a criminal offence.

The Magistrate may examine A on oath.

If witnesses are present, the Magistrate may also examine them on oath.

The substance of their statements is recorded in writing and signed as required by Section 223.

The Magistrate then considers the complaint and the material available before deciding the next procedural step.

Example — Public Servant

Suppose a public servant is accused of committing an offence in connection with an official act.

If the conditions specified in Section 223 are satisfied, the Magistrate must give the accused an opportunity to make submissions regarding the circumstances leading to the alleged offence.

This provides an additional procedural safeguard before the complaint proceeds.

Common Confusions

Is examination under Section 223 the trial?

No.

It is a preliminary stage in complaint proceedings.

Is the complainant always examined on oath?

Ordinarily, yes, but Section 223 provides exceptions, including certain written complaints by public servants acting in their official capacity and complaints made by Courts.

Are witnesses also examined?

Yes. Witnesses present may also be examined on oath, subject to the statutory exceptions.

Does the Magistrate decide guilt at this stage?

No.

The Magistrate only deals with the preliminary procedural requirements and determines whether the complaint should proceed.

Does Section 223 apply only to private individuals?

No.

It also contains specific provisions concerning complaints made by public servants and Courts and complaints against certain public servants.

Key Features

• Deals with examination of the complainant.
• Applies at the preliminary stage of complaint proceedings.
• The complainant is ordinarily examined on oath.
• Witnesses present may also be examined on oath.
• The substance of the examination is reduced to writing.
• The record is signed by the relevant persons and the Magistrate.
• Exceptions apply to certain written complaints by public servants and Courts.
• Provides a procedural safeguard concerning accused public servants in specified circumstances.
• It is not the trial and does not determine guilt.

Topic at a Glance

• Topic: Examination of complainant
• BNSS Section: Section 223
• Stage: Preliminary complaint proceedings
• Ordinary procedure: Examination of complainant and witnesses on oath
• Record: Substance reduced to writing and signed
• Exceptions: Certain written complaints by public servants and Courts
• Special safeguard: Opportunity to public-servant accused to make submissions in specified cases
• Nature: Procedural provision

Quick Revision

• Section 223 BNSS deals with examination of the complainant.
• The Magistrate ordinarily examines the complainant and witnesses present on oath.
• The substance of the examination is reduced to writing.
• The record is signed by the complainant, witnesses and Magistrate as required.
• Certain written complaints by public servants acting officially do not require the ordinary examination.
• A complaint made by a Court is also covered by the exception.
• Special safeguards apply where the accused is a public servant and the alleged act is connected with official duty.
• Examination under Section 223 is a preliminary stage, not a trial.
• The provision helps the Magistrate determine whether the complaint should proceed.

ALSO READ: Section 222 – Prosecution for defamation

Conclusion

Section 223 of BNSS establishes the preliminary procedure for examining a complainant in cases instituted through a complaint. By requiring examination on oath and recording the substance of the statements, the provision gives the Magistrate an initial basis for assessing the complaint. At the same time, it provides exceptions for certain official complaints and safeguards for public servants accused of offences connected with their official duties.