Section 224 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 224 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 addresses the procedure a Magistrate must follow when a complaint is presented to them, but they lack the jurisdiction to take cognizance of the offence
📜 Section 224: Procedure by Magistrate Not Competent to Take Cognizance of Case
If a complaint is made to a Magistrate who is not competent to take cognizance of the offence, he shall:
(a) If the complaint is in writing, return it for presentation to the proper Court with an endorsement to that effect
(b) If the complaint is not in writing, direct the complainant to the proper Court.
This provision ensures that complaints are directed to the appropriate judicial authority, maintaining the efficiency and integrity of the legal process.
⚖️ Comparison with CrPC Section 201
Section 224 of the BNSS, 2023 is analogous to Section 201 of the Code of Criminal Procedure (CrPC), 1973, which deals with the procedure by a Magistrate not competent to take cognizance of a case. Both sections mandate that if a complaint is presented to a Magistrate who lacks the jurisdiction to take cognizance, the Magistrate must either return the written complaint for presentation to the proper Court or direct the complainant to the proper Court
🧾 Example Scenario
Scenario: Ravi files a written complaint against his neighbor for trespassing on his property. He submits the complaint to Magistrate Sharma. However, Magistrate Sharma realizes that he does not have the jurisdiction to take cognizance of trespassing cases.
Application of Section 224: In this situation, Magistrate Sharma, adhering to Section 224 of the BNSS, 2023, returns the written complaint to Ravi with an endorsement directing him to present it to the appropriate Court that has jurisdiction over such matters.
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