Section 223 BNSS: Examination of complainant

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 223 BNSS at a Glance

Section 223 BNSS deals with examination of complainant. It replaced Section 200 CrPC on 1 July 2024. Popularly called the complaint case section. A new proviso to Section 223(1) BNSS says no cognizance shall be taken without giving the accused an opportunity of being heard.

Was CrPC

Section 200 →

Section 223 BNSS Bare Act Text

(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.

Source: Section 223, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 223 BNSS in Simple Words

Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs how a Magistrate having jurisdiction takes cognizance of an offence on a complaint. Under Section 223(1) BNSS, the Magistrate shall examine the complainant and any present witnesses on oath, put the substance in writing, and have the complainant, witnesses, and Magistrate sign it.

Provisos require giving the accused an opportunity of being heard before taking cognizance, and relax the examination duty for specified written complaints and transfers under Section 212 BNSS. Section 223(2) BNSS bars cognizance on a complaint against a public servant for an offence alleged to have been committed in the course of the discharge of his official functions or duties, unless he is given an opportunity to make assertions and a report is received from the officer superior to him.

When Section 223 BNSS Applies

  • 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.
  • 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.
  • 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.
  • 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.
  • 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.

Example of Section 223 BNSS

Meera files a complaint before a Magistrate having jurisdiction alleging that Vikram committed an offence, and a witness named Dev is present. Under Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, while taking cognizance, the Magistrate shall examine Meera and Dev upon oath, reduce the substance to writing, and have Meera, Dev, and the Magistrate sign it. Under the proviso to Section 223(1) BNSS, no cognizance shall be taken without giving Vikram an opportunity of being heard. If Vikram were a public servant accused of an offence in the course of discharging his official duties, Section 223(2) BNSS would also bar cognizance unless he gets an opportunity to make assertions and his superior officer's report is received.

When Section 223 BNSS Does Not Apply

  • Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a Magistrate cannot take cognizance of an offence on a complaint if the accused has not been given an opportunity of being heard.
  • The requirement in Section 223(1) BNSS to examine the complainant and the witnesses does not apply when a written complaint is made by a Court or by a public servant acting or purporting to act in the discharge of his official duties.
  • The duty to examine the complainant and the witnesses on a written complaint does not apply to a Magistrate who makes over the case for inquiry or trial to another Magistrate under Section 212 BNSS, and a receiving Magistrate under Section 212 BNSS need not re-examine them if they were already examined.
  • Under Section 223(2) BNSS, a Magistrate cannot take cognizance on a complaint against a public servant for an 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.

Section 223 BNSS in the CrPC (Previous Law)

Section 223 BNSS replaced Section 200 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 223 BNSS

How must a Magistrate examine a complainant under Section 223(1) BNSS?▼

Under Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Magistrate having jurisdiction while taking cognizance of an offence on a complaint shall examine upon oath the complainant and any witnesses who are present. The substance of that examination shall be reduced to writing, and the written record shall be signed by the complainant, the witnesses, and the Magistrate. However, no cognizance of an offence shall be taken without giving the accused an opportunity of being heard.

When does a Magistrate not need to examine or re-examine the complainant under Section 223(1) BNSS?▼

Under the provisos to Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, when a complaint is made in writing, 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 Magistrate makes over the case under Section 212 BNSS. Also, if the case is made over under Section 212 BNSS after examination, the latter Magistrate need not re-examine them.

What conditions apply under Section 223(2) BNSS before taking cognizance of a complaint against a public servant?▼

Under Section 223(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, 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 Section 223(2)(a) BNSS and Section 223(2)(b) BNSS are satisfied. The public servant must be given an opportunity to make assertions as to the situation that led to the alleged incident, and a report on the facts and circumstances must be received from his superior officer.

What changed in Section 223 BNSS compared to Section 200 CrPC?▼

Compared to Section 200 of the Code of Criminal Procedure, 1973, Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 numbers the existing provision as Section 223(1) BNSS, specifies a Magistrate having jurisdiction, updates the cross-reference to Section 212 BNSS, and adds a proviso barring cognizance without giving the accused an opportunity of being heard. It also adds Section 223(2) BNSS, which bars taking cognizance against a public servant for an offence in official duties without an opportunity to make assertions and a superior officer's report.

Section 223 BNSS: Sub-sections Explained

Section 223(1) BNSS: Examination of complainant

▶

Bare Act Text

(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.

Previous Law

CrPC 200 → Section 223(1) BNSS

Section 223(2) BNSS: Examination of complainant

▶

Bare Act Text

(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.

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·