COMPLAINTS TO MAGISTRATES
223. Examination of complainant
224. Procedure by Magistrate not competent to take cognizance of case
225. Postponement of issue of process
226. Dismissal of complaint
Based on Chapter XVI (Complaints to Magistrates) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), here are 30 smart preliminary examination questions. This set is designed to test your understanding of the specific procedural safeguards and modern updates introduced in sections 223 to 226.
BNSS Chapter XVI: Complaints to Magistrates Practice Set
I. Examination of Complainant (Section 223)
Q1. According to Section 223(1), when a Magistrate takes cognizance of an offence on a complaint, he shall examine upon oath:
A) Only the complainant.
B) The complainant and the witnesses present, if any.
C) Only the witnesses.
D) The accused person first.
Q2. Under Section 223, the substance of the examination must be:
A) Recorded in a video format only.
B) Reduced to writing and signed by the complainant, witnesses, and the Magistrate.
C) Orally summarized in the case diary.
D) Sent to the High Court for verification.
Q3. (New BNSS Proviso) Which of the following is a mandatory requirement before a Magistrate takes cognizance of an offence under Section 223?
A) The complainant must pay a security deposit.
B) The accused must be given an opportunity of being heard.
C) The police must submit a final report.
D) The District Magistrate must grant permission.
Q4. In which of the following scenarios is a Magistrate NOT required to examine the complainant and witnesses under Section 223?
A) If the complaint is made by a private citizen in writing.
B) If a public servant acting in the discharge of official duties makes the complaint.
C) If the complaint is oral.
D) Only if the accused waives his right to a hearing.
Q5. If a Magistrate makes over a case to another Magistrate under Section 212 after examining the complainant and witnesses:
A) The second Magistrate must re-examine them.
B) The second Magistrate need not re-examine them.
C) The case must be sent back to the first Magistrate.
D) Re-examination is at the discretion of the Sessions Judge.
Q6. Section 223(2) provides special protection for which category of persons when a complaint is filed against them?
A) Habitual offenders.
B) Public servants for acts done in the discharge of official functions.
C) Minors under the age of 18.
D) Foreign citizens.
Q7. Before taking cognizance on a complaint against a public servant (official duty), the Magistrate must receive a report from:
A) The High Court.
B) The officer superior to such public servant.
C) The nearest Forensic Lab.
D) The Legal Aid Clinic.
Q8. True or False: Under Section 223(2), a public servant accused in a complaint must be given an opportunity to make "assertions" as to the situation that led to the incident.
Answer: True.
II. Incompetent Magistrates & Postponement (Sections 224–225)
Q9. If a written complaint is made to a Magistrate who is NOT competent to take cognizance, Section 224(a) mandates that he shall:
A) Dismiss the complaint immediately.
B) Return it for presentation to the proper Court with an endorsement.
C) Transfer it to the High Court.
D) Record evidence and then transfer it.
Q10. If an oral complaint is made to an incompetent Magistrate, he shall:
A) Arrest the informant.
B) Direct the informant to the proper Court.
C) Ignore the complaint.
D) Call the police to take a statement.
Q11. Under Section 225, a Magistrate may "postpone the issue of process" against the accused for the purpose of:
A) Allowing the accused to flee.
B) Inquiring into the case himself or directing an investigation.
C) Waiting for a bribe.
D) Consulting the State Government.
Q12. If an investigation under Section 225 is made by a person who is NOT a police officer:
A) They have no powers at all.
B) They have all the powers of an officer-in-charge of a police station, including the power of arrest.
C) They have all the powers of an officer-in-charge EXCEPT the power to arrest without warrant.
D) They can only record statements on video.
Q13. The primary objective of an inquiry or investigation under Section 225 is to decide:
A) The guilt of the accused beyond reasonable doubt.
B) Whether or not there is sufficient ground for proceeding.
C) The amount of fine to be imposed.
D) The duration of the trial.
III. Dismissal of Complaint (Section 226)
Q14. A Magistrate shall dismiss a complaint under Section 226 if he is of the opinion that:
A) The complainant is too poor to afford a lawyer.
B) There is no sufficient ground for proceeding.
C) The accused is a friend of the Court.
D) The offence is non-cognizable.
Q15. When dismissing a complaint under Section 226, the Magistrate is legally bound to:
A) Inform the State Government.
B) Briefly record his reasons for doing so.
C) Pay compensation to the complainant.
D) Publish the dismissal in the local newspaper.
IV. Problem-Solving & Statement-Based Questions
Q16. Problem: 'A' files a written complaint for cheating. The Magistrate examines 'A' on oath but does not give the accused, 'B', any opportunity to be heard before taking cognizance. Is this procedure valid under BNSS?
A) Yes, hearing the accused is only required at the trial stage.
B) No, Section 223 Proviso 1 mandates an opportunity for the accused to be heard before cognizance.
C) Only if 'A' is a public servant.
D) Yes, if the Magistrate records special reasons.
Q17. Problem: A Magistrate directs a private citizen, 'Z', to investigate a complaint under Section 225. During the investigation, 'Z' arrests the suspect without a warrant. Is the arrest legal?
A) Yes, 'Z' has all police powers.
B) No, Section 225(3) specifically excludes the power to arrest without warrant for non-police investigators.
C) Yes, if the Magistrate gave a verbal order.
D) Only if 'Z' is a gazetted officer.
Q18. Consider the following statements regarding Section 223:
-
Statement I: Cognizance can be taken without hearing the accused if the complaint is by a Court.
-
Statement II: Cognizance can be taken without hearing the accused if it is a "petty case."
Which is correct?
A) Only I
B) Only II
C) Both I and II
D) Neither I nor II
(Note: Proviso 1 makes no general exception for petty cases).
Q19. Assertion (A): A Magistrate can dismiss a complaint immediately after reading it.
Reason (R): Section 226 requires the Magistrate to consider statements on oath and the results of any inquiry/investigation before dismissal.
A) Both A and R are true.
B) A is false, R is true.
C) A is true, R is false.
D) Both are false.
Q20. Problem: A Magistrate receives a complaint against a police officer for an act done while on duty. He examines the complainant and issues a warrant of arrest immediately. Has he followed Section 223(2)?
A) Yes, he took cognizance after examination.
B) No, he must first give the officer a chance to make assertions and receive a report from the officer's superior.
C) Only if the offence is bailable.
D) Yes, police officers have no protection under this section.
Q21. Statement I: "Taking cognizance" is not defined in BNSS but means the judicial application of mind to the facts.
Statement II: Taking cognizance of an offence is different from taking cognizance of the offenders.
A) Only I is correct.
B) Only II is correct.
C) Both are correct.
D) Neither is correct.
Q22. Logic: Why does Section 224 require a Magistrate without jurisdiction to return a written complaint rather than just dismissing it?
A) To save the complainant's time and preserve the limitation period for the correct Court.
B) Because Magistrates without jurisdiction cannot use dismiss the complaint.
C) To ensure the police get the complaint first.
D) Only if the complainant pays a transfer fee.
Q23. In an investigation directed under Section 225, can the Magistrate direct the police to register an FIR?
A) Yes, under Section 175(3) logic.
B) No, Section 225 is for a "Section 202-type" inquiry where process is postponed, not for standard FIR registration.
C) Only if the Session Judge permits.
D) Only in murder cases.
Q24. A person who is NOT a party to the proceedings is summoned to produce a document under Section 94. If they disclaim possession, according to case law (Parmeshwari Devi), can they be cross-examined?
A) Yes, to find the document.
B) No, they cannot be forced to take an oath or be cross-examined if they are not a party.
C) Only if the Magistrate suspects they are lying.
D) Only in warrant-cases.
Q25. Statement I: The "Opportunity of being heard" under S. 223 is a new inclusion in BNSS compared to the old CrPC.
Statement II: This hearing must occur after the process (summons/warrant) is issued.
A) Only I is correct.
B) Only II is correct.
C) Both are correct.
D) Neither is correct
(Note: Hearing is before cognizance).
Q26. Reasoning: The purpose of Section 223(2)(b) requiring a superior's report is to:
A) Verify if the act was part of official duty and prevent vexatious litigation.
B) Delay the trial as much as possible.
C) Give the superior officer a chance to punish the subordinate themselves.
D) Collect evidence for the defense.
Q27. If a Magistrate dismisses a complaint under S. 226 without recording reasons:
A) The dismissal is still valid.
B) The order is irregular and liable to be set aside in revision.
C) The complainant must file a new FIR.
D) The accused is automatically convicted.
Q28. Under S. 223, if a complaint is made by a Court, the Magistrate:
A) Must still examine the Judge who signed it.
B) Need not examine the complainant or witnesses.
C) Must transfer it to another district.
D) Can only take cognizance after a 30-day waiting period.
Q29. True or False: A Magistrate can take cognizance of an offence based on his own knowledge under S. 210(1)(c) without a formal complaint.
Answer: True.
Q30. Problem: 'X' files a complaint. The Magistrate postpones process and directs an investigation by a police officer. The officer finds no evidence. What should the Magistrate do under S. 226?
A) Force the officer to find evidence.
B) Dismiss the complaint after considering the officer's report.
C) Issue a summons anyway.
D) Transfer the case to the High Court.
Answer Key
1-B, 2-B, 3-B, 4-B, 5-B, 6-B, 7-B, 8-True, 9-B, 10-B, 11-B, 12-C, 13-B, 14-B, 15-B, 16-B, 17-B, 18-A, 19-B, 20-B, 21-C, 22-A, 23-B, 24-B, 25-A, 26-A, 27-B, 28-B, 29-True, 30-B.
To further your mastery of Chapter XVI (Complaints to Magistrates) of the BNSS, 2023, here are 5 advanced problem-solving questions focusing on the procedural nuances and new legal safeguards.
BNSS Chapter XVI: Problem-Solving Challenge
Q1. 'A' files a private complaint against 'B' for criminal intimidation. 'B' resides in a district 200 kilometers away from the Magistrate's Court. The Magistrate, after examining the complainant on oath, immediately issues a summons to 'B'. Is this order legally sustainable?
A) Yes, because the Magistrate has already examined the complainant on oath.
B) No, because Section 225(1) mandates that if the accused resides beyond the area of the Magistrate's jurisdiction, the Magistrate shall postpone the issue of process and conduct an inquiry or investigation first.
C) Yes, provided the Magistrate records the reasons for not postponing the process.
D) No, but only if the offence is exclusively triable by the Court of Session.
Q2. A Magistrate receives a complaint against a Government Doctor for an act alleged to have been done while performing an official surgery. The Magistrate examines the complainant and witnesses and, being satisfied of a prima facie case, takes cognizance of the offence. Has the Magistrate followed the correct procedure?
A) Yes, cognizance is the absolute discretion of the Magistrate.
B) No, under Section 223(2), the Magistrate cannot take cognizance against a public servant for official acts unless the servant is given an opportunity to make assertions and a report is received from their superior.
C) Yes, because the "assertions" requirement only applies to police officers, not doctors.
D) No, because the Magistrate must first obtain a warrant from the High Court.
Q3. During a complaint inquiry under Section 225, the Magistrate directs a local social worker, 'X', to investigate the facts. While investigating, 'X' discovers the accused hiding in a house and arrests them without a warrant. What is the legal status of this arrest?
A) The arrest is legal because 'X' was authorized by the Magistrate to investigate.
B) The arrest is illegal because Section 225(3) explicitly states that if an investigation is made by a person who is not a police officer, they have all the powers of an officer in charge except the power to arrest without warrant.
C) The arrest is legal if 'X' is an adult citizen.
D) The arrest is voidable at the option of the Magistrate.
Q4. A Magistrate receives a written complaint from 'Y'. After examining 'Y' on oath, the Magistrate immediately takes cognizance of the offence and prepares to issue process, without providing the accused, 'Z', any prior notice or hearing. Is this action valid under the new BNSS provisions?
A) Yes, the accused has no right to be heard until the trial begins.
B) No, the first proviso to Section 223(1) introduces a mandatory requirement that no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard.
C) Yes, but only if the complaint was made by a public servant.
D) No, but only if the accused is a woman or a child.
Q5. 'P' presents a written complaint to Magistrate 'M'. After reading it, 'M' realizes the offence occurred entirely within a different district and he has no jurisdiction. 'M' passes an order dismissing the complaint for lack of jurisdiction. Is this the correct procedure?
A) Yes, dismissal is the standard way to end a proceeding where there is no jurisdiction.
B) No, Section 224(a) mandates that if a written complaint is made to a Magistrate not competent to take cognizance, he shall return it for presentation to the proper Court with an endorsement to that effect.
C) Yes, provided 'M' returns the court fee to 'P'.
D) No, 'M' should have forwarded the complaint to the High Court for transfer.
Answer Key
-
B (Mandatory postponement under Section 225(1) for out-of-jurisdiction residents).
-
B (Mandatory protection for public servants under Section 223(2)).
-
B (Non-police investigators lack the power of arrest without warrant under Section 225(3)).
-
B (New mandatory right for the accused to be heard before cognizance under Section 223(1) Proviso 1).
-
B (Mandatory return of written complaint by incompetent Magistrate under Section 224(a)).
BONUS- Ready Reckoner in a Fun way
This "Litmus Test of Justice" is your creative ready reckoner for Chapter XVI (Sections 223–226) of the BNSS, 2023. This chapter provides the procedural "filter" to ensure that private complaints are genuine and have sufficient grounds before a trial begins.
1. Stage 1: The Initial Interview (Section 223)
-
The Rule: A Magistrate taking cognizance on a complaint must examine the complainant and any witnesses present on oath.
-
The Record: The substance of this examination must be written down and signed by the complainant, witnesses, and the Magistrate.
-
The BNSS "Fair Play" Proviso: A major update in the BNSS ensures that no cognizance shall be taken without first giving the accused an opportunity to be heard.
-
Exceptions to the Oath: The Magistrate doesn't need to perform this examination if the complaint is in writing and made by a Court or a public servant in their official capacity.
-
Public Servant Safeguard: If the complaint is against a public servant for an official act, the Magistrate cannot take cognizance unless the servant is given a chance to make "assertions" and the Magistrate receives a report from the servant's superior officer.
2. Stage 2: The Wrong Address (Section 224)
If a complaint is presented to a Magistrate without jurisdiction to take cognizance, the law provides a clear detour:
-
Written Complaints: The Magistrate shall return the complaint with an "endorsement" so it can be presented to the proper Court.
-
Oral Complaints: The Magistrate shall simply direct the complainant to the proper Court.
3. Stage 3: The Verification Bridge (Section 225)
Before committing to a full trial, the Magistrate can "postpone the issue of process" (summons or warrant) to verify the case.
-
The Power: The Magistrate can either inquire into the case themselves or direct an investigation by a police officer or another person to decide if there are sufficient grounds for proceeding.
-
Mandatory Postponement: If the accused lives outside the area of the Magistrate’s jurisdiction, the Magistrate must postpone the process and conduct this inquiry or investigation.
-
Sessions Cases Rules: If the offence is triable exclusively by the Court of Session, the Magistrate cannot order an investigation but must instead call upon the complainant to produce all witnesses and examine them on oath.
-
Private Investigators: If the Magistrate directs a private citizen (not a police officer) to investigate, that person has all the powers of an officer-in-charge except the power to arrest without warrant.
4. Stage 4: The Dismissal Gate (Section 226)
-
The Decision: If, after considering the statements on oath and the results of the inquiry or investigation, the Magistrate finds no sufficient ground for proceeding, the complaint is dismissed.
-
The Requirement: The Magistrate is legally bound to briefly record the reasons for every such dismissal.
Quick Revision Tip: "The BNSS Safety Lock" Remember that Chapter XVI now has a "double lock" for defendants:
-
Lock 1: Mandatory hearing for the accused before cognizance is even taken.
-
Lock 2: Mandatory investigation/inquiry if the accused resides in a different district.