Section 200 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 200 of the Bharatiya Nyaya Sanhita (BNS), 2023, pertains to the power of a Magistrate to examine the complainant and witnesses before proceeding with a criminal case.
๐ Text of Section 200
Section 200. Examination of complainant and witnesses
A Magistrate taking cognizance of an offence shall examine upon oath the complainant and the witnesses present, if any, and shall reduce the substance of such examination to writing:
Provided that, when the complainant is a public servant acting or purporting to act in the discharge of his official duties, or when the Magistrate makes over the case for inquiry or trial to another Magistrate, he need not examine the complainant and the witnesses.
โ๏ธ Key Provisions
Mandatory Examination: When a Magistrate takes cognizance of an offence, they are required to examine the complainant and any present witnesses under oath.
Recording of Statements: The Magistrate must record the substance of the examination in writing.
Exceptions: The examination is not required if:
The complainant is a public servant acting in the discharge of official duties.
The case is transferred to another Magistrate for inquiry or trial.
๐ Comparison with IPC
Section 200 of the BNS aligns with Section 200 of the Indian Penal Code (IPC), which also mandates the examination of the complainant and witnesses when a Magistrate takes cognizance of an offence. The provisions in the BNS are consistent with those in the IPC, maintaining the requirement for recording statements to ensure transparency and accountability in the judicial process.
๐งพ Practical Implications
Ensuring Accountability: The requirement for a Magistrate to examine the complainant and witnesses ensures that the allegations are substantiated and that there is a basis for proceeding with the case.
Documentation: By recording the substance of the examination, the Magistrate creates a written record that can be referred to during the trial, aiding in the administration of justice.
Exceptions: The exceptions provided ensure that the process is efficient and does not unduly burden public servants or delay proceedings when cases are transferred to other Magistrates.
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