Section 200 CrPC: Examination of complainant

Code of Criminal Procedure, 1973

Section 200 CrPC at a Glance

Section 200 CrPC deals with examination of complainant. From 1 July 2024 it is replaced by Section 223 BNSS. 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.

Now BNSS

Section 223 →

What Section 200 CrPC Says

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.

Source: Section 200, Code of Criminal Procedure, 1973

Section 200 CrPC in Simple Words

Section 200 of the Code of Criminal Procedure, 1973 sets out the procedure when a Magistrate takes cognizance of an offence on a complaint.

The Magistrate shall examine the complainant and any witnesses who are present upon oath, put the substance of that examination into writing, and ensure that the complainant, the witnesses, and the Magistrate sign the written record.

The provisos to Section 200 CrPC relax this duty 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, or when the Magistrate makes over the case to another Magistrate under Section 192 CrPC.

Who Can Use Section 200 CrPC

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.
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.
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.
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.

Example of Section 200 CrPC

Ramesh brings a complaint before a Magistrate alleging that Suresh committed an offence, and an eyewitness named Anita is present with him. When the Magistrate takes cognizance of the offence on the complaint under Section 200 of the Code of Criminal Procedure, 1973, the Magistrate shall examine Ramesh and Anita upon oath. The Magistrate shall reduce the substance of their examination to writing, and Ramesh, Anita, and the Magistrate shall sign that written record. If the Magistrate then makes over the case to another Magistrate under Section 192 CrPC after examining Ramesh and Anita, the further proviso to Section 200 CrPC applies, and the latter Magistrate need not re-examine them.

When Section 200 CrPC Does Not Apply

Section 200 of the Code of Criminal Procedure, 1973 does not apply where a Magistrate is not taking cognizance of an offence on a complaint.
The requirement to examine the complainant and the witnesses does not apply when the complaint is made in writing by a Court or by a public servant acting or purporting to act in the discharge of his official duties.
The requirement for the initial Magistrate to examine the complainant and the witnesses does not apply when the complaint is in writing and the Magistrate transfers the case for inquiry or trial to another Magistrate under Section 192 CrPC.
Re-examination of the complainant and the witnesses by the receiving Magistrate is not required when the case is made over under Section 192 CrPC after their examination has already taken place.

Complaint to Magistrate Under BNSS 223: What Changed

Section 200 CrPC is now covered under Section 223 BNSS.

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.

View detailed comparison (CrPC 200 vs BNSS 223) →

FAQs on Section 200 CrPC

What must a Magistrate do when taking cognizance of an offence on a complaint under Section 200 CrPC?▼

When a Magistrate takes cognizance of an offence on a complaint under Section 200 of the Code of Criminal Procedure, 1973, the Magistrate shall examine upon oath the complainant and any witnesses who are present. The substance of this examination shall be reduced to writing. Once written down, that record shall be signed by the complainant, by the witnesses who were examined, and also by the Magistrate.

When is a Magistrate not required to examine the complainant and witnesses under Section 200 CrPC?▼

The initial proviso to Section 200 of the Code of Criminal Procedure, 1973 relaxes the examination requirement when the complaint is made in writing. In that case, the Magistrate need not examine the complainant and the witnesses if the written complaint is made by a Court, or by a public servant acting or purporting to act in the discharge of his official duties, or if the Magistrate makes over the case for inquiry or trial to another Magistrate under Section 192 CrPC.

Does a receiving Magistrate have to re-examine the complainant after a case is made over under Section 192 CrPC?▼

No, re-examination is not required if the transferring Magistrate has already conducted the examination. Under the further proviso to Section 200 of the Code of Criminal Procedure, 1973, if a Magistrate examines the complainant and the witnesses upon oath and then makes over the case to another Magistrate under Section 192 CrPC, the latter Magistrate need not re-examine the complainant and the witnesses.

Where is Section 200 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. From 1 July 2024, Section 200 CrPC is found in Section 223(1) of the Sanhita, which governs the examination of the complainant by a Magistrate taking cognizance of an offence on a complaint.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·