Section 225 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Certainly! Here's a detailed explanation of Section 225 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which pertains to the postponement of the issue of process by a Magistrate upon receiving a complaint.
🧾 Section 225: Postponement of Issue of Process
1. Authority of the Magistrate
Receipt of Complaint: Upon receiving a complaint of an offense that the Magistrate is authorized to take cognizance of, or which has been made over to him under Section 212, the Magistrate has the discretion to take certain preliminary actions
Postponement of Process: The Magistrate may, if deemed appropriate, and shall in cases where the accused resides beyond the Magistrate's jurisdiction, postpone issuing process against the accused.
Inquiry or Investigation: The Magistrate can either inquire into the case personally or direct an investigation to be conducted by a police officer or any other person deemed fit. This is to determine whether there are sufficient grounds to proceed with the case.
Exceptions to Directing an Investigation:
Exclusive Jurisdiction of Court of Session: If the offense appears to be triable exclusively by the Court of Session, the Magistrate shall not direct an investigation.
Examination of Complainant and Witnesses: If the complaint has not been made by a Court, the Magistrate cannot direct an investigation unless the complainant and any present witnesses have been examined on oath under Section 223.
2. Inquiry and Evidence
Taking Evidence: During the inquiry, the Magistrate may, if deemed necessary, take evidence from witnesses under oath.
Exclusive Jurisdiction Cases: If the offense is triable exclusively by the Court of Session, the Magistrate is required to call upon the complainant to produce all witnesses and examine them on oath
3. Powers of Non-Police Investigators
Investigation by Non-Police Personnel: If the investigation is carried out by a person who is not a police officer, that person shall have all the powers conferred by this Sanhita on an officer in charge of a police station, except the power to arrest without warrant.
⚖️ Comparison with Indian Penal Code (IPC)
Section 225 of the BNSS is broadly analogous to Section 202 of the Indian Penal Code (CrPC), which governs the postponement of the issue of process by a Magistrate. Both provisions grant Magistrates the discretion to delay the issuance of process and conduct preliminary inquiries to ascertain whether there are sufficient grounds to proceed with a case.
🧭 Key Takeaways
Discretionary Power: Magistrates have the discretion to postpone the issue of process to ensure that there are sufficient grounds to proceed with a case.
Preliminary Inquiry: A preliminary inquiry or investigation helps in determining the validity of the complaint before initiating formal proceedings.
Protection of Rights: The provision ensures that individuals are not subjected to unnecessary legal proceedings without adequate justification.
Consistency with Legal Standards: Aligning with established legal standards, this provision upholds the principles of justice and fairness in the legal process.
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