Section 225 BNSS: Postponement of issue of process
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 225 BNSS at a Glance
Section 225 BNSS deals with postponement of issue of process. It replaced Section 202 CrPC on 1 July 2024. Popularly called postponement of process. The rule is unchanged; only cross-references were updated.
Section 225 BNSS Bare Act Text
(1) Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 212, may, if he thinks fit, and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction, postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding:
Provided that no such direction for investigation shall be made,—
(a) where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session; or
(b) where the complaint has not been made by a Court, unless the complainant and the witnesses present (if any) have been examined on oath under section 223.
(2) In an inquiry under sub-section (1), the Magistrate may, if he thinks fit, take evidence of witnesses on oath:
Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath.
(3) If an investigation under sub-section (1) is made by a person not being a police officer, he shall have for that investigation all the powers conferred by this Sanhita on an officer in charge of a police station except the power to arrest without warrant.
Source: Section 225, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 225 BNSS in Simple Words
Section 225 of the Bharatiya Nagarik Suraksha Sanhita, 2023 lets or requires a Magistrate to hold back on issuing process against an accused person after receiving a complaint, so the Magistrate can first decide whether or not there is sufficient ground for proceeding.
The Magistrate may postpone the issue of process if he thinks fit, and shall do so when the accused resides outside the area of the Magistrate's jurisdiction, in order to inquire into the case himself or direct an investigation within the limits set by the Sanhita.
When Section 225 BNSS Applies
- Under Section 225(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Magistrate who receives a complaint of an offence he is authorised to take cognizance of, or one transferred to him under Section 212 BNSS, may, if he thinks fit, delay issuing process against the accused to decide whether or not there is sufficient ground for proceeding.
- Where the accused is residing at a place beyond the area in which the Magistrate exercises his jurisdiction, Section 225(1) BNSS states that the Magistrate shall postpone the issue of process and either conduct an inquiry himself or order an investigation by a police officer or by such other person as he thinks fit.
- The proviso to Section 225(1) BNSS limits the power to order an investigation by stating that no such direction shall be made if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, or, for a complaint not made by a Court, before the complainant and the witnesses present, if any, have been examined on oath under Section 223 BNSS.
- During an inquiry conducted under Section 225(2) BNSS, the Magistrate may, if he thinks fit, record witness testimony on oath, though the proviso to Section 225(2) BNSS states that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath.
- When a person who is not a police officer conducts an investigation ordered under Section 225(1) BNSS, Section 225(3) BNSS provides that he shall have all the investigation powers that the Sanhita confers on an officer in charge of a police station, except the power to arrest without warrant.
Example of Section 225 BNSS
When Section 225 BNSS Does Not Apply
- Section 225(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not apply where the Magistrate has not received a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under Section 212 BNSS.
- Under the proviso in Section 225(1)(a) BNSS, the power to direct an investigation does not apply where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session.
- Under the proviso in Section 225(1)(b) BNSS, a Magistrate cannot direct an investigation on a complaint that has not been made by a Court unless the complainant and the witnesses present, if any, have first been examined on oath under Section 223 BNSS.
- Section 225(3) BNSS does not apply where the investigation directed under Section 225(1) BNSS is made by a police officer, because it covers only an investigation made by a person not being a police officer.
Section 225 BNSS in the CrPC (Previous Law)
Section 225 BNSS replaced Section 202 CrPC from 1 July 2024.
Section 202 of the Code of Criminal Procedure, 1973 became Section 225 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. The substantive rule governing the postponement of the issue of process, the Magistrate's inquiry, and the direction for investigation is unchanged across all sub-sections. Every difference between Section 202 CrPC and Section 225 BNSS is a change of form. In Section 225(1) BNSS, the cross-reference to Section 192 CrPC becomes Section 212 BNSS, and the cross-reference in Section 225(1)(b) BNSS to Section 200 CrPC becomes Section 223 BNSS. In Section 225(3) BNSS, the word Code is replaced with Sanhita.
Each sub-section below names its own source.
FAQs on Section 225 BNSS
When must a Magistrate postpone the issue of process under Section 225 BNSS?▼
Section 225(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 requires the Magistrate to postpone the issue of process where the accused is residing at a place beyond the area in which the Magistrate exercises his jurisdiction. In that situation, the Magistrate shall postpone the issue of process against the accused and either inquire into the case himself or direct an investigation by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding.
When is a Magistrate barred from directing an investigation under Section 225 BNSS?▼
The proviso to Section 225(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 bars a direction for investigation in specified situations. Under Section 225(1)(a) BNSS, no such direction shall be made where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session. Under Section 225(1)(b) BNSS, where the complaint has not been made by a Court, no such direction shall be made unless the complainant and the witnesses present, if any, have been examined on oath under Section 223 BNSS.
How is witness evidence taken during an inquiry under Section 225(2) BNSS?▼
During an inquiry held under Section 225(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, Section 225(2) BNSS provides that the Magistrate may, if he thinks fit, take evidence of witnesses on oath. However, the proviso to Section 225(2) BNSS states that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath.
What changed from Section 202 CrPC to Section 225 BNSS from 1 July 2024?▼
From 1 July 2024, Section 225 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 202 of the Code of Criminal Procedure, 1973. The substantive rule on postponing the issue of process, holding an inquiry, or directing an investigation is unchanged. The only changes are of form, namely the renumbering of the section to Section 225 BNSS, updated internal cross-references to Section 212 BNSS and Section 223 BNSS, and replacing the word Code with Sanhita in Section 225(3) BNSS.
Section 225 BNSS: Sub-sections Explained
Section 225(1) BNSS: Postponement of issue of process
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Bare Act Text
(1) Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 212, may, if he thinks fit, and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction, postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding:
Provided that no such direction for investigation shall be made,—
(a) where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session; or
(b) where the complaint has not been made by a Court, unless the complainant and the witnesses present (if any) have been examined on oath under section 223.
Section 225(2) BNSS: Postponement of issue of process
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Bare Act Text
(2) In an inquiry under sub-section (1), the Magistrate may, if he thinks fit, take evidence of witnesses on oath:
Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath.
Section 225(3) BNSS: Postponement of issue of process
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Bare Act Text
(3) If an investigation under sub-section (1) is made by a person not being a police officer, he shall have for that investigation all the powers conferred by this Sanhita on an officer in charge of a police station except the power to arrest without warrant.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 18 Oct 2026 ·