Introduction
Section 226 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the dismissal of a complaint by a Magistrate.
After considering the statements recorded under Section 223 and the result of any inquiry or investigation conducted under Section 225, the Magistrate may dismiss the complaint if he finds that there is no sufficient ground for proceeding.
The provision therefore provides a mechanism for terminating a complaint at the preliminary stage when the material before the Magistrate does not justify further criminal proceedings.
Meaning of Section 226
Section 226 applies after the Magistrate has considered the material available in a complaint case.
If, after considering:
- the statements of the complainant and witnesses recorded on oath;
- the result of the inquiry, if any; and
- the result of the investigation, if any under Section 225;
the Magistrate concludes that there is no sufficient ground for proceeding, the complaint must be dismissed.
The Magistrate must also briefly record the reasons for dismissal.
Statutory Basis
Section 226 of the BNSS provides for dismissal of a complaint where the Magistrate finds that there is no sufficient ground for proceeding.
It operates in connection with:
- Section 223 — Examination of complainant and witnesses
- Section 224 — Procedure by Magistrate not competent to take cognizance
- Section 225 — Postponement of issue of process
- Section 227 — Issue of process
Object and Purpose
The main purposes of Section 226 are:
- To prevent criminal proceedings from continuing without sufficient legal grounds.
- To protect an accused from unnecessary issuance of process.
- To ensure that the Magistrate applies judicial mind to the complaint.
- To provide a reasoned basis for terminating a complaint at the preliminary stage.
- To prevent misuse of the criminal process.
Essential Elements
1. Magistrate Must Have Considered the Complaint Material
The Magistrate must consider the material available from the complaint proceedings.
This includes the examination contemplated under Section 223 and, where applicable, the result of an inquiry or investigation under Section 225.
2. No Sufficient Ground for Proceeding
The central requirement under Section 226 is the Magistrate’s finding that there is no sufficient ground for proceeding.
The provision therefore concerns the sufficiency of the material available for taking the complaint forward.
3. Complaint Must Be Dismissed
Where the Magistrate finds no sufficient ground for proceeding, the complaint is dismissed.
4. Reasons Must Be Recorded
The Magistrate must briefly record his reasons for dismissing the complaint.
This requirement ensures that the dismissal is not an unexplained or mechanical order.
Procedure under Section 226
The procedure can be understood as follows:
- A complaint is presented before the Magistrate.
- The Magistrate examines the complainant and witnesses in accordance with Section 223.
- Where applicable, the Magistrate may conduct or direct an inquiry or investigation under Section 225.
- The Magistrate considers the statements and the result of the inquiry or investigation.
- If there is no sufficient ground for proceeding, the Magistrate dismisses the complaint.
- The Magistrate briefly records the reasons for the dismissal.
If sufficient ground exists, the Magistrate does not dismiss the complaint under Section 226 and may proceed towards issuance of process under Section 227.
Powers and Duties of the Magistrate
The Magistrate has to apply judicial mind to the material before him.
The Magistrate may dismiss the complaint when the statutory condition is satisfied, namely, that there is no sufficient ground for proceeding.
The Magistrate must also record brief reasons for the dismissal.
The requirement of recording reasons promotes transparency and enables the parties and superior Courts to understand the basis on which the complaint was terminated.
Important Distinctions
Dismissal of Complaint vs Issue of Process
Under Section 226, the complaint is dismissed when there is no sufficient ground for proceeding.
Under Section 227, process is issued when the Magistrate finds sufficient ground for proceeding.
Thus, Section 226 and Section 227 deal with opposite outcomes at the preliminary stage of complaint proceedings.
Dismissal of Complaint vs Acquittal
Dismissal of a complaint under Section 226 is not the same as an acquittal after trial.
At the stage of Section 226, the Magistrate is determining whether the complaint has sufficient ground to proceed. A full criminal trial has not taken place.
Acquittal, on the other hand, ordinarily follows adjudication of the criminal charge after the accused has undergone the applicable trial process.
Dismissal of Complaint vs Rejection for Lack of Competence
Section 224 applies where the Magistrate is not competent to take cognizance.
Section 226 applies where the Magistrate is dealing with a complaint within the relevant procedural framework but finds no sufficient ground for proceeding.
The two provisions therefore operate on different grounds.
BNSS and CrPC
Section 226 of the BNSS corresponds to Section 203 of the Code of Criminal Procedure, 1973.
The basic principle has been retained.
Under both provisions, after considering the complainant’s examination and, where applicable, the result of an inquiry or investigation, the Magistrate may dismiss the complaint if there is no sufficient ground for proceeding.
The Magistrate is required to briefly record the reasons for dismissal.
The principal change is the renumbering of the provision from Section 203 CrPC to Section 226 BNSS.
Relationship with Other BNSS Provisions
Section 223 — Examination of Complainant
Section 223 provides for examination of the complainant and witnesses on oath in appropriate complaint proceedings.
This material may form part of the basis on which the Magistrate decides whether there is sufficient ground for proceeding.
Section 225 — Postponement of Issue of Process
Section 225 permits postponement of the issue of process and provides for inquiry or investigation in appropriate cases.
The result of such inquiry or investigation may be considered when the Magistrate determines whether the complaint should be dismissed under Section 226.
Section 227 — Issue of Process
Where the Magistrate finds sufficient ground for proceeding, the complaint is not dismissed under Section 226.
Instead, the Magistrate proceeds under Section 227 concerning the issue of process.
Example
A person files a complaint alleging that another person committed an offence.
The Magistrate examines the complainant and witnesses. After considering their statements, the Magistrate also considers the result of an inquiry conducted under Section 225.
The material does not disclose sufficient ground for proceeding against the accused.
In such circumstances, the Magistrate may dismiss the complaint under Section 226 and must briefly record the reasons for doing so.
Common Confusions
Does dismissal under Section 226 mean that the accused has been acquitted?
No.
Dismissal of the complaint at this stage is not equivalent to an acquittal following a criminal trial.
Must the Magistrate give reasons for dismissal?
Yes.
The Magistrate must briefly record the reasons for dismissing the complaint.
Can a complaint be dismissed merely because an inquiry was not conducted?
No.
An inquiry or investigation under Section 225 is not mandatory in every complaint case. The Magistrate considers the material required by the statutory procedure and determines whether sufficient ground exists for proceeding.
What happens when sufficient ground exists?
If the Magistrate finds sufficient ground for proceeding, the complaint is not dismissed under Section 226. The Magistrate may proceed to issue process in accordance with Section 227.
Topic at a Glance
- BNSS Section: 226
- Subject: Dismissal of complaint
- Ground: No sufficient ground for proceeding
- Material considered: Examination of complainant and witnesses and, where applicable, inquiry or investigation under Section 225
- Requirement: Magistrate must briefly record reasons for dismissal
- Corresponding CrPC provision: Section 203
- Related provisions: Sections 223, 225 and 227 BNSS
- Nature: Preliminary stage of complaint proceedings
Quick Revision
- Section 226 deals with dismissal of a complaint.
- The Magistrate considers the statements and, where applicable, the result of an inquiry or investigation.
- The complaint is dismissed when there is no sufficient ground for proceeding.
- The Magistrate must briefly record the reasons for dismissal.
- Dismissal under Section 226 is not the same as acquittal after trial.
- Section 225 concerns postponement of issue of process and inquiry or investigation.
- Section 227 concerns issue of process where sufficient ground exists.
- Section 226 BNSS corresponds to Section 203 CrPC.
- The substantive principle has largely been retained under BNSS.
ALSO READ: Section 225 – Postponement of issue of process
Conclusion
Section 226 of the BNSS provides an important preliminary safeguard against continuation of criminal complaints that lack sufficient grounds. It requires the Magistrate to assess the material placed before the Court and, where the material does not justify further proceedings, dismiss the complaint while briefly recording the reasons. The provision therefore balances the complainant’s right to seek criminal proceedings with protection against unwarranted prosecution.
