Section 223 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 223 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 governs the procedure for a Magistrate to examine the complainant and witnesses when taking cognizance of an offence based on a complaint.
Text of Section 223
(1) Examination of Complainant and Witnesses
A Magistrate with jurisdiction, upon receiving a complaint, shall examine the complainant and any present witnesses under oath. The substance of such examination must be documented in writing and signed by the complainant, witnesses, and the Magistrate.
Opportunity for the Accused: Before taking cognizance, the Magistrate must provide the accused an opportunity to be heard.
Exceptions: The Magistrate need not examine the complainant and witnesses if:
The complaint is made by a public servant acting in official capacity or by a Court.
The case is transferred to another Magistrate under Section 212
If the case is transferred after examination, the new Magistrate need not re-examine them
(2) Complaints Against Public Servants
In cases where the complaint is against a public servant for an offence alleged to have occurred during the discharge of official duties:
Opportunity for the Public Servant: The public servant must be given a chance to explain the situation leading to the alleged incident.
Superior Officer's Report: A report detailing the facts and circumstances of the incident from the officer superior to the public servant must be obtained.
Significance
Structured Procedure: Ensures a formal process for initiating legal proceedings, maintaining transparency and accountability.
Protection of Rights: Safeguards the rights of the accused by mandating an opportunity to be heard before taking cognizance.
Accountability of Public Servants: Establishes a mechanism to address complaints against public servants, ensuring they are held accountable for actions during official duties.
This section aligns with the corresponding provision in the Code of Criminal Procedure, 1973 (CrPC), ensuring consistency in legal procedures.
RELATED Blog
0 comments