Introduction
Section 224 of the Bharatiya Nagarik Suraksha Sanhita, 2023 prescribes the procedure to be followed when a complaint is made to a Magistrate who is not competent to take cognizance of the offence.
The provision ensures that the complaint is placed before the Court legally competent to deal with it. The procedure differs depending on whether the complaint is made in writing or otherwise.
Meaning of Section 224
Section 224 applies when a complaint is presented before a Magistrate who lacks competence to take cognizance of the offence.
In such a situation:
- If the complaint is in writing, the Magistrate must return it to the complainant for presentation before the proper Court, along with an endorsement to that effect.
- If the complaint is not in writing, the Magistrate must direct the complainant to approach the proper Court.
Thus, the provision prevents an incompetent Magistrate from proceeding with a complaint that is outside his authority.
Statutory Basis
Section 224 of the BNSS falls under Chapter XVI — Complaints to Magistrates.
The provision states that where a complaint is made to a Magistrate who is not competent to take cognizance of the offence, the Magistrate shall follow the procedure prescribed under clauses (a) and (b).
Object and Purpose
The primary objectives of Section 224 are:
- To ensure that criminal complaints are dealt with by the proper Court.
- To prevent a Magistrate from exercising a power that he does not possess.
- To provide a clear procedural remedy to the complainant.
- To avoid unnecessary rejection or continuation of proceedings before an incompetent Magistrate.
- To maintain the proper allocation of criminal jurisdiction.
Essential Elements
1. There must be a complaint
Section 224 applies when a complaint is made to a Magistrate.
2. The Magistrate must not be competent to take cognizance
The decisive condition is that the Magistrate is not competent to take cognizance of the offence.
The provision therefore operates at the stage of taking cognizance.
3. Written complaint
If the complaint is in writing, the Magistrate must return it to the complainant.
The complaint must be returned for presentation to the proper Court, together with an endorsement to that effect.
4. Complaint not in writing
If the complaint is not in writing, there is no document to return.
In such a case, the Magistrate must direct the complainant to approach the proper Court.
Procedure under Section 224
Where the Complaint Is in Writing
The procedure is:
- A written complaint is made to a Magistrate.
- The Magistrate determines that he is not competent to take cognizance of the offence.
- The Magistrate returns the complaint.
- The complaint is returned with an endorsement stating that it should be presented before the proper Court.
- The complainant can then present the complaint before the proper Court.
Where the Complaint Is Not in Writing
The procedure is:
- A complaint is made to the Magistrate.
- The Magistrate finds that he is not competent to take cognizance.
- The Magistrate directs the complainant to approach the proper Court.
Duties of the Magistrate
Section 224 uses the word “shall”, making the prescribed procedure mandatory once the statutory condition is satisfied.
The Magistrate must:
- return a written complaint with the appropriate endorsement; or
- direct the complainant to the proper Court where the complaint is not in writing.
The Magistrate should not proceed to take cognizance of an offence when he is not competent to do so.
Important Distinctions
Written Complaint vs Complaint Not in Writing
Where the complaint is in writing, the Magistrate returns the complaint to the complainant with an endorsement for presentation before the proper Court.
Where the complaint is not in writing, the Magistrate directly directs the complainant to approach the proper Court.
Competence to Take Cognizance vs Trial
Section 224 specifically concerns the Magistrate’s competence to take cognizance.
The provision should therefore be understood in the context of cognizance rather than being treated as a general rule governing every question relating to the eventual trial of the offence.
BNSS and CrPC
Section 224 of the BNSS corresponds to Section 201 of the Code of Criminal Procedure, 1973.
The substance of the provision has been substantially retained.
Under both provisions:
- a written complaint is returned for presentation before the proper Court with an endorsement; and
- a complaint not in writing results in a direction to the complainant to approach the proper Court.
The principal change is therefore the renumbering of the provision from Section 201 of the CrPC to Section 224 of the BNSS.
Relationship with Other BNSS Provisions
Section 223 — Examination of Complainant
Section 223 deals with the examination of the complainant and witnesses by a Magistrate having jurisdiction while taking cognizance of an offence on complaint.
Section 224 deals with the situation where the Magistrate is not competent to take cognizance.
Section 225 — Postponement of Issue of Process
Section 225 deals with postponement of the issue of process in appropriate cases after a Magistrate receives a complaint of an offence which he is authorised to take cognizance of.
Thus, Section 224 concerns the competence of the Magistrate to take cognizance, whereas Section 225 deals with the procedure that may follow when the Magistrate is competent to take cognizance.
Example
A person presents a written complaint before a Magistrate concerning an offence which that Magistrate is not competent to take cognizance of.
The Magistrate cannot proceed with the complaint. Under Section 224, he must return the complaint to the complainant with an endorsement directing its presentation before the proper Court.
If the complaint is not in writing, the Magistrate must instead direct the complainant to approach the proper Court.
Common Confusion
Does the Magistrate reject the complaint?
No.
Section 224 does not prescribe rejection of the complaint merely because the Magistrate is not competent to take cognizance.
In the case of a written complaint, it is returned for presentation before the proper Court. Where the complaint is not in writing, the complainant is directed to the proper Court.
Can an incompetent Magistrate take cognizance?
No.
The very purpose of Section 224 is to prescribe what the Magistrate must do when he is not competent to take cognizance of the offence.
Topic at a Glance
- BNSS Section: 224
- Subject: Procedure by Magistrate not competent to take cognizance of case
- Written complaint: Returned for presentation before the proper Court with an endorsement
- Complaint not in writing: Complainant is directed to the proper Court
- Corresponding CrPC provision: Section 201
- Nature: Procedural
- Key principle: A Magistrate lacking competence to take cognizance must follow the procedure prescribed by Section 224.
Quick Revision
- Section 224 applies where a complaint is made to a Magistrate who is not competent to take cognizance.
- A written complaint must be returned for presentation before the proper Court.
- The returned complaint must carry an endorsement to that effect.
- Where the complaint is not in writing, the complainant must be directed to the proper Court.
- The provision prevents an incompetent Magistrate from proceeding with the complaint.
- Section 224 BNSS corresponds to Section 201 CrPC.
- The substance of the CrPC provision has been substantially retained under BNSS.
- Section 223 deals with examination of the complainant, while Section 225 deals with postponement of issue of process.
ASLO READ: Section 223 – Examination of complainant
Conclusion
Section 224 of the BNSS provides a clear procedural mechanism for dealing with complaints presented before a Magistrate who is not competent to take cognizance of the offence. Instead of proceeding without authority, the Magistrate must return a written complaint for presentation before the proper Court or direct the complainant to the proper Court when the complaint is not in writing. The provision substantially continues the corresponding rule under Section 201 of the CrPC.
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