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Central Act · India · CHAPTER XVI — Complaints to Magistrates

Section 223 BNSS Examination of complainant

Bharatiya Nagarik Suraksha Sanhita, 2023 · Edition: User-supplied Law Library BNSS page, attributed to India Code as on 6 October 2025; imported 6 November 2026

(1) 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 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) if the Magistrate makes over the case for inquiry or trial to another Magistrate under section 212:

Provided also 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.

(2) A Magistrate shall not take cognizance on a complaint against a public servant for any offence alleged to have been committed in course of the discharge of his official functions or duties unless—

(a) such public servant is given an opportunity to make assertions as to the situation that led to the incident so alleged; and

(b) a report containing facts and circumstances of the incident from the officer superior to such public servant is received.

Source document ↗

Judgments on Section 223

LOK 2026 (10) SC 167 · Supreme Court of India

Rajkumar Madki v. Shailendra Beldale

Equivalent citations: 2026 INSC 1138

The respondent was elected to the Karnataka Legislative Assembly from Bidar constituency in 2023. The appellant, a voter, lodged a private complaint dated 21 August 2023 under S. 200 CrPC before the 42nd Additional Chief Metropolitan Magistrate, Bengaluru (PCR No. 9254 of 2023 / CC…

LOK 2021 (2) Ker. 236 · High Court of Kerala

Kurian v. Joseph

Equivalent citations: 2021 (2) KLT 368 : 2021 (2) KLJ 357 : ILR 2021 (2) Ker. 541 : 2021 (2) KHC 124 : 2021 (1) KLD 382

ActsBharatiya Nagarik Suraksha Sanhita, 2023, Bharatiya Nyaya Sanhita, 2023, 202, 203 and 204, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973, Indian Penal Code, 1860, Registration Act, 1908

A Magistrate dismissing a private complaint under Section 203 Cr.P.C. without considering the sworn statements recorded in the Section 202 enquiry errs; non-production of an original deed held by the accused is no ground, as no Section 91 notice can issue to an accused.

LOK 2011 (9) SC 127 · Supreme Court of India

Jakia Nasim Ahesan & Anr. v. State of Gujarat & Ors.

Equivalent citations: AIR 2012 SC 243 : (2011) 12 SCC 302 : 2011 (11) SCR 365 : JT 2011 (14) SC 397 : 2011 (10) Scale 246 : 2011 (4) KLT 16 : 2011 (4) KLJ 167

Once the SIT completed the court-monitored investigation, its final report had to go to the Magistrate under Section 173(2), with notice to the complainant before any closure, and the Supreme Court’s monitoring ended.