Complaints to Magistrates: Understanding Bharatiya Nagarik Suraksha Sanhita, 2023 (Sections 223 & 224)

Complaints to Magistrates: Interpreting Bharatiya Nagarik Suraksha Sanhita, 2023 (Sections 223 & 224)

Introduction The Bharatiya Nagarik Suraksha Sanhita, 2023, effective from 1st July 2024, has superseded the Criminal Procedure Code (CrPC). The most significant part of the new legal system is how complaints are brought before Magistrates and what precise procedures need to be adopted. Chapter XVI of the Sanhita defines the manner in which a Magistrate deals with complaints, examines witnesses and the complainant, and deals with cases against public servants.

This article will clarify Sections 223 and 224 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a simple manner so that it becomes easy to understand the procedure that Magistrates need to adopt while handling complaints.

Section 223: Investigation of Complainant and Witnesses

Sub-section 223(1) describes the general procedure when a complaint is filed before a Magistrate. Upon receiving the complaint, the Magistrate is required to:

Question the complainant and any witnesses who may be present: This questioning is conducted under oath, such that the information received is provided honestly.

Have the questioning recorded: The content of this questioning is noted down and has to be signed by the complainant, the witnesses, and the Magistrate in order to ensure genuineness.

There are, however, some exceptions to the above rule, as discussed in the first proviso

Hearing the accused: The accused must be given a chance to be heard prior to taking cognizance of the offence by the Magistrate. This makes sure that the accused is not left out of the process.

The second proviso enumerates situations where the Magistrate does not have to examine the complainant or witnesses:

Complaint lodged by a public servant: If the complaint is lodged by a public servant as part of his official work or if a Court lodges the complaint, the examination is not necessary.

Transfer of the case: If the Magistrate transfers the case to another Magistrate under Section 212 for further inquiry or trial, the complaint is not required to be re-examined by the second Magistrate.

For instance, if a police officer (officially) is the one complaining, the Magistrate does not have to subject the complainant or witnesses to examination on oath. In like manner, where the case is transferred to a different Magistrate, once under the first, it suffices and is not required to be done again. 

Section 223(2): Complaints Against Public Servants

Special protection is provided to public servants under this section. When a complaint is preferred against a public servant for an alleged offence made while performing official duties, two things are required:

Opportunity to explain: Opportunity is provided to the public servant to explain the circumstances of the case and reasons for the position that resulted in the incident.

Report by a superior officer: A report by the public servant’s superior officer is required to be taken before the Magistrate takes cognizance. The report shall contain facts and circumstances of the occurrence, giving the Magistrate an idea about the situation prior to proceeding.

For example, if an officer of government is accused of misconduct in the course of discharging his or her official functions, the court cannot proceed without giving the officer an opportunity to explain the circumstances and a report from the superior officer. This is to protect officials from harassment for good faith actions in the course of duty.

Section 224: Procedure for Magistrates Without Jurisdiction

At times, the complaint may be filed before a Magistrate not empowered to deal with the case. Section 224 states how it is to be dealt with:

Written complaint: If a complaint is submitted in writing, the Magistrate shall return it to the complainant, with the endorsement that the correct Court should hear the case. The complainant is free to submit it before the relevant Court.

Oral complaint: In case the complaint is not made in writing, the Magistrate will refer the complainant to the appropriate Court so that the case can be lodged there.

For instance, if a person makes a complaint in a Magistrate’s court that is not authorized to entertain cases on certain serious offences, the Magistrate will refer back the complaint along with directions to file it in the proper Court.

Conclusion

The Bharatiya Nagarik Suraksha Sanhita, 2023 has made clear provisions for how complaints are processed by Magistrates. Section 223 addresses the questioning of the complainant and witnesses, and also makes special provisions for complaints against public servants. Section 224 makes provisions for what must be done in case a complaint is made before a court of improper jurisdiction.

These sections make sure that due process is adhered to, both in the case of common people and government officials, giving equal treatment and clarity to legal procedures. The law also makes sure that cases are filed in the correct courts and there is no unnecessary burden on public officials doing their work in good faith.

For a better insight into the related legal provisions, readers can go through earlier articles on Live Law Hindi, which detail Sections 220 and 221 and how some other complaints are dealt with by the courts.