Examination of Complainant by Magistrate – A Complete Legal Guide Sections 200 to 203 CrPC

Why is the Complaint Examination Important?

Before initiating criminal proceedings under Indian criminal law which provides safeguards to ensure that the complaint is a genuine person and was not filed with malicious intent. 

One such safeguard is the examination of the complainant on oath under Section 200 of the CrPC (Criminal Procedure Code, 1973)/ 223 of the BNSS.

This procedure acts as a gatekeeping mechanism to protect innocent individuals from baseless criminal trials and also reinforces the complainant’s credibility before the court takes cognizance. In this detailed guide, we break down the legal process under Sections 200 to 203 CrPC/ sections 223-226 BNSS, the powers of the Magistrate, exceptions to examination, and when a complaint can be dismissed.

Section 200 CrPC/ Section 223 BNSS – Preliminary Examination of the Complainant

When a private complaint is submitted, a Magistrate has the power under Section 200/section 223 BNSS to:

• Examine the complainant on oath.
• Record the statement of any witnesses present.

This examination is mandatory unless the complaint falls under certain exceptions (discussed below). The statement is recorded in writing and signed by the complainant.

Exceptions Where Complainant Need Not Be Examined

Under the proviso to Section 200 CrPC/Section 223 BNSS, examination of the complainant and witnesses is not required when:

• The complaint is made by a public servant acting in the course of official duties.
• The Magistrate has taken cognizance based on a police report or initiated enquiry himself.

Additionally, if a complaint has already been examined by one Magistrate and transferred to another under Section 192 CrPC/ Section 212 BNSS, the second Magistrate is not obligated to re-examine the complainant or witnesses.

Section 201 CrPC / Section 224 BNSS– When Magistrate Lacks Jurisdiction

If a Magistrate receives a complaint but is not competent to take cognizance, he must:

• Forward the complaint to the proper Magistrate (if the complaint is in writing), or
• Inform the complainant to approach the appropriate court (if the complaint is oral).

This ensures procedural clarity and avoids delays in administering justice.

Section 202 CrPC/Section 225 BNSS– Post-Cognizance Investigation

After examining the complainant under Section 200/ Section 223 BNSS, if the Magistrate is in doubt, he may postpone the issuance of process and:

• Direct a police investigation, or
• Conduct an inquiry himself or through any other person.

This is known as post-cognizance investigation, and it is distinct from Section 156(3) CrPC/ Section/ Section 175(3) BNSS, which applies before cognizance.

Key Features of Section 202/ Section 225 BNSS:

• It is used to verify the truth of the complaint.
• Helps Magistrate decide whether there are sufficient grounds to proceed.
• Especially relevant in cases triable by Sessions Court, where the enquiry must be deeper and more exhaustive.

Dismissal of Complaint – Section 203 CrPC/ Section 226 BNSS

If, after the examination under Section 200/ Section 223 BNSS and the enquiry or investigation under Section 202/ Section 225 BNSS, the Magistrate finds no sufficient grounds to proceed, he may dismiss the complaint under Section 203/ Section 226 BNSS.

This dismissal must be accompanied by a brief recording of reasons to ensure transparency and fairness.

Importance of Sections 200 to 203 CrPC/ Section 223-226 BNSS

Together, Sections 200 to 203 of the CrPC/ Section 223-226 BNSS form the foundation of pre-trial scrutiny in private complaint cases. They:

• Prevent frivolous or false complaints from leading to harassment of the accused.
• Ensure that cognizance is not taken mechanically.
• Empower Magistrates to use discretion before initiating criminal trials.
• Protect both the rights of the accused and the interests of genuine complainants.

Safeguards for the Accused

The criminal justice system recognizes that being falsely accused is in itself a trauma. These provisions ensure:

• The accused is not summoned blindly.
• Cross-examination at an early stage through Magistrate’s discretion.
• A chance to dismiss unfounded complaints before trial begins.

Example of Magistrate’s Power in Action

Case Illustration: Suppose a private individual files a complaint alleging cheating and criminal breach of trust. Before summoning the accused, the Magistrate under Section 200/ Section 223 BNSS records the complainant’s statement. Unsure of the facts, the Magistrate then uses Section 202/ Section 225 BNSS to direct limited police verification. Upon receiving the report and finding inconsistencies, the Magistrate decides not to proceed, and dismisses the case under Section 203/ Section 226 BNSS.

This step saves the accused from the stigma of a trial based on weak evidence.

Conclusion – Fairness Before Process

The preliminary steps under Sections 200 to 203 CrPC/ Section 223 to 226 BNSS are not technical formalities, which  reflect the judiciary’s commitment to fairness, allowing courts to assess the complaint’s credibility before putting someone through a criminal trial to ensure justice. 

If you are filing a complaint or have had one filed against you, understanding these provisions can help protect your rights and guide you through the correct legal process.

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FAQs

1. Is it mandatory for the Magistrate to examine the complainant in all cases?

No. Examination under Section 200/Section 223 BNSS is not required if the complaint is made by a public servant or if the Magistrate initiates the enquiry himself.

2. What happens if the complaint is made to a Magistrate without jurisdiction?

If the Magistrate lacks jurisdiction, he must forward the complaint (if written) or direct the complainant to the correct court.

3. Can the Magistrate dismiss the complaint without calling the accused?

Yes. Under Section 203/ Section 226 BNSS, if the Magistrate finds insufficient grounds, he can dismiss the complaint without issuing summons.

4. What is the difference between Section 202/ Section 225 BNSS and Section 156(3) CrPC/ Section 175(3) BNSS?

Section 156(3) applies before cognizance, and directs police to investigate. Section 202 applies after cognizance, and is used for limited verification before summoning the accused.

5. Is a written complaint mandatory under Section 200/ Section 223 BNSS?

No. A complaint can be oral or written as per Section 2(d) of CrPC/ Section 2(h) of BNSS. However, it must be properly recorded by the Magistrate.