CrPC 200→BNSS 223

CrPC 200 to BNSS 223: Examination of complainant

Section 200 CrPC (1973) replaced by Section 223 BNSS (2023)

View CrPC Section 200 →View BNSS Section 223 →

CrPC 200 to BNSS 223 at a Glance

Section 200 CrPC (Examination of complainant) is now Section 223 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 200 to BNSS 223?

Section 200 of the Code of Criminal Procedure, 1973 becomes Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The rule on examining the complainant and present witnesses on oath, writing and signing the substance, and relaxing examination in specified cases is unchanged. Renumbering the provision, adjusting proviso connectors, and updating Section 192 CrPC to Section 212 BNSS are changes of form. Section 223(1) BNSS adds the words having jurisdiction to describe the Magistrate and, in substance, adds a proviso barring cognizance without giving the accused an opportunity of being heard. Section 223(2) BNSS is new with no CrPC source and adds preconditions for complaints against public servants.

CrPC 200 vs BNSS 223: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section200223
HeadingExamination of complainantSame
Sub-sectionsNone2 sub-sections
Cross-referencess.192s.212

CrPC 200 and BNSS 223: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 200, CrPC 1973

200. Examination of complainant.—A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate: Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses— (a) if a public servant acting or purporting to act in the discharge of his official duties or a Court has made the complaint; or (b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under section 192: Provided further that if the Magistrate makes over the case to another Magistrate under section 192 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them.
BNSS 2023 (in force)

Section 223, BNSS 2023

223. Examination of complainant.—(1) A Magistrate having jurisdiction while taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate: Provided that no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard: Provided further that when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses— (a) if a public servant acting or purporting to act in the discharge of his official duties or a Court has made the complaint; or (b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under section 212: Provided also that if the Magistrate makes over the case to another Magistrate under section 212 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them. (2) A Magistrate shall not take cognizance on a complaint against a public servant for any offence alleged to have been committed in course of the discharge of his official functions or duties unless— (a) such public servant is given an opportunity to make assertions as to the situation that led to the incident so alleged; and (b) a report containing facts and circumstances of the incident from the officer superior to such public servant is received.

When It Applies: CrPC 200 vs BNSS 223

Under CrPC 200
  1. When taking cognizance of an offence on a complaint under the Code of Criminal Procedure, 1973, the Magistrate shall question on oath the person making the complaint and any witnesses who are present.
  2. The main points of the oath examination shall be written down, and that written record shall bear the signatures of the complainant, the witnesses, and the Magistrate.
  3. A proviso relaxes this requirement for a written complaint, so the Magistrate need not conduct the examination if a Court or a public servant acting or purporting to act in the discharge of his official duties filed it, or if the Magistrate transfers the case for inquiry or trial under Section 192 CrPC.
  4. A further proviso relaxes the rule for the receiving Magistrate when a case is transferred under Section 192 CrPC after the initial examination, so the complainant and witnesses need not be examined again.
Under BNSS 223
  1. When a Magistrate having jurisdiction takes cognizance of an offence on a complaint under the Bharatiya Nagarik Suraksha Sanhita, 2023, the Magistrate shall examine on oath the complainant and any witnesses who are present, put the substance of the examination in writing, and have the complainant, the witnesses, and the Magistrate sign it.
  2. A proviso to Section 223(1) BNSS limits the power to take cognizance by requiring that the Magistrate shall not take cognizance of an offence without giving the accused an opportunity to be heard.
  3. A further proviso to Section 223(1) BNSS relaxes the examination duty when the complaint is in writing, so the Magistrate need not examine the complainant and witnesses if a Court or a public servant acting or purporting to act in the discharge of his official duties made the complaint, or if the case is made over under Section 212 BNSS.
  4. An additional proviso to Section 223(1) BNSS relaxes the rule for the receiving Magistrate when a case is made over under Section 212 BNSS after the complainant and witnesses have been examined, so the receiving Magistrate need not re-examine them.
  5. Under Section 223(2) BNSS, a Magistrate shall not take cognizance on a complaint against a public servant for any offence alleged to have been committed in the course of discharging official functions or duties unless the public servant gets an opportunity to explain the situation and a report on the incident is received from his superior officer.

What CrPC 200 to BNSS 223 Means in Practice

From 1 July 2024, the rule on examining a complainant is found in Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 instead of Section 200 of the Code of Criminal Procedure, 1973. Alongside the unchanged oath examination rules, a Magistrate having jurisdiction cannot take cognizance on a complaint without giving the accused an opportunity of being heard, and cannot take cognizance against a public servant for an alleged offence in official duties unless the public servant is given an opportunity to make assertions and a report is received from the officer superior to him.

FAQs: CrPC 200 to BNSS 223

Must the accused be given an opportunity of being heard before cognizance is taken under Section 223 BNSS, unlike Section 200 CrPC?▼

Yes. Section 200 of the Code of Criminal Procedure, 1973 did not contain a requirement to hear the accused at the stage of taking cognizance on a complaint. Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 adds a new proviso stating that no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard.

What new rule does Section 223(2) BNSS introduce for complaints against public servants?▼

Section 223(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 has no source in Section 200 of the Code of Criminal Procedure, 1973 and is new in the Sanhita. It provides that a Magistrate shall not take cognizance on a complaint against a public servant for any offence alleged to have been committed in the course of discharging his official functions or duties unless the public servant is given an opportunity to make assertions and a report from his superior officer is received.

Did the exceptions for written complaints change between Section 200 CrPC and Section 223 BNSS?▼

No, the substantive exceptions are unchanged between Section 200 of the Code of Criminal Procedure, 1973 and Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023. For a written complaint, the Magistrate still need not examine the complainant and witnesses if a Court or a public servant acting or purporting to act in the discharge of his official duties made it, or if the case is made over to another Magistrate. Updating the cross-reference from Section 192 CrPC to Section 212 BNSS is a change of form.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·