Section 226 BNSS: Dismissal of complaint

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 226 BNSS at a Glance

Section 226 BNSS deals with dismissal of complaint. It replaced Section 203 CrPC on 1 July 2024.

Was CrPC

Section 203 →

Section 226 BNSS Bare Act Text

226. Dismissal of complaint

If, after considering the statements on oath (if any) of the complainant and of the witnesses and the result of the inquiry or investigation (if any) under section 225, the Magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss the complaint, and in every such case he shall briefly record his reasons for so doing.

Source: Section 226, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 226 BNSS in Simple Words

Section 226 of the Bharatiya Nagarik Suraksha Sanhita, 2023 covers the Magistrate who, after considering the statements on oath, if any, of the complainant and of the witnesses and the result of the inquiry or investigation, if any, under Section 225 BNSS, is of opinion that there is no sufficient ground for proceeding.

The Magistrate shall dismiss the complaint and in every such case shall briefly record the reasons for so doing.

When Section 226 BNSS Applies

  • The Magistrate considers the statements on oath, if any, of the complainant and of the witnesses and the result of the inquiry or investigation, if any, under Section 225 BNSS.
  • The Magistrate must be of opinion that there is no sufficient ground for proceeding.
  • In that case the Magistrate shall dismiss the complaint.
  • In every such case the Magistrate shall briefly record the reasons for so doing.

Example of Section 226 BNSS

Anita makes a complaint to a Magistrate. The Magistrate considers the statements on oath of Anita and of the witnesses and the result of the inquiry under Section 225 BNSS. The Magistrate is of opinion that there is no sufficient ground for proceeding. Under Section 226 BNSS, the Magistrate shall dismiss the complaint and shall briefly record the reasons for so doing.

When Section 226 BNSS Does Not Apply

  • Section 226 BNSS speaks of dismissing a complaint. It does not deal with the postponement of issue of process, which is the subject of Section 225 BNSS.

Section 226 BNSS in the CrPC (Previous Law)

Section 226 BNSS replaces Section 203 CrPC from the old criminal code.

Section 203 CrPC is found in Section 226 BNSS from 1 July 2024. The heading is the same and the text is the same except for the cross-reference, which is to Section 225 BNSS in Section 226 BNSS and to Section 202 CrPC in Section 203 CrPC.

View CrPC Section 203 →

FAQs on Section 226 BNSS

When shall a Magistrate dismiss a complaint under Section 226 BNSS?▼

A Magistrate shall dismiss the complaint if, after considering the statements on oath, if any, of the complainant and of the witnesses and the result of the inquiry or investigation, if any, under Section 225 BNSS, the Magistrate is of opinion that there is no sufficient ground for proceeding.

What must the Magistrate record under Section 226 BNSS?▼

In every such case the Magistrate shall briefly record the reasons for so doing.

What does the Magistrate consider under Section 226 BNSS?▼

The statements on oath, if any, of the complainant and of the witnesses and the result of the inquiry or investigation, if any, under Section 225 BNSS.

What changed from Section 203 CrPC to Section 226 BNSS from 1 July 2024?▼

Section 226 BNSS has the same heading and the same text as Section 203 CrPC, with one renumbered cross-reference. Section 226 BNSS refers to Section 225 BNSS where Section 203 CrPC referred to Section 202 CrPC.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·