Introduction:
This article will focus on the procedural aspects and legal provisions governing the dismissal of complaints by Magistrates under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Concept of Dismissal Proceedings:
Complaints received by Magistrates are subjected to thorough scrutiny under Sections 223 to 226 of the BNSS (Previously under Section 200 to 203 CRPC) to filter out genuine cases from those lacking merit. This weeding-out process is crucial to prevent unwarranted summoning of accused individuals and safeguarding their liberty.
Examination of the Complainant:
Section 223 BNSS mandates that a Magistrate, authorized to cognizance of the offense based on a complaint, examines both the complainant and witnesses under oath. This examination, whether oral or written, aims to establish the existence of a prima facie case against the accused and to prevent false or harassing complaints.
Procedure for Incompetent Magistrates:
Section 224 BNSS stipulates that if a complaint is made before a Magistrate not competent to take cognizance, the Magistrate must refer the case to the appropriate court. This ensures that cases are handled by the competent authority, contributing to a fair and just legal process.
Postponement of Investigation:
Under Section 225 BNSS, the Magistrate can order a limited investigation, termed "Post Cognizance Investigation," to aid in deciding whether to issue a process against the accused or not. This investigation, distinct from Section 175(3) BNSS investigations, serves the purpose of gathering essential information without being exhaustive.
Dismissal of Complaints:
Section 226 BNSS empowers the Magistrate to dismiss a complaint if the inquiry or investigation conducted under Section 226 BNSS reveals no grounds for further proceedings. The dismissal is accompanied by briefly recorded reasons, preventing baseless or insufficient cases from progressing.
Issue of Process:
If there are sufficient grounds for proceeding, Section 227 BNSS allows the Magistrate to issue a summons or warrant against the accused.
Judicial Review:
The dismissal of a complaint by a Magistrate is subject to higher court scrutiny. Section 226 BNSS emphasizes the importance of recording reasons for dismissal, providing a basis for examining whether the Magistrate applied due diligence and exercised discretion appropriately.
Procedure of dismissal under Section 226 BNSS:
Section 226 BNSS grants the Magistrate the power to dismiss complaints, and it is crucial for the Magistrate to record brief reasons for dismissal. This provision serves as a safeguard against arbitrary dismissals, requiring the Magistrate to apply their mind to the available facts and exercise discretion judiciously. A revision petition can be filed against the dismissal of complaint.
Protection against random dismissals:
Considering relevant evidence materials and recording reasons are essential protections against random dismissals of complaints.
The Magistrate's duty involves careful consideration of the facts, preventing dismissals without due diligence.
Dismissal in Multiple Offence Cases:
Section 226 BNSS also comes into play when a complaint charges multiple offenses against accused persons.
The Magistrate must provide reasons for not proceeding with certain offenses, ensuring transparency and accountability in the dismissal process.
Case Laws on the subject matter:
1. Chandra Deo Singh Vs. Prokash Chandra Bose and Anr. (1963):
   - The Supreme Court emphasized that Section 203 CRPC requires the Magistrate to record reasons for dismissal based on the sufficiency of grounds for proceeding with the trial.
   - The Court ruled that a suspect is not entitled to a hearing in a revision petition by the complainant unless the Magistrate considers issuing process.
2. Manharibhai Muljibhai Kakadia & Anr. Vs. Shaileshbhai Mohanbhai Patel & Ors. (2012):
- The Supreme Court clarified that accused individuals have the right to be heard in a revision petition challenging the Magistrate's dismissal under Section 203 CRPC.
- If the revisional court overrules the Magistrate's order, the complaint is restored for fresh consideration, but the accused have no right to participate until the Magistrate considers issuing process.
Let us now revisit the article by seeing relevant Frequently Asked Questions (FAQs) on the issue:
Q1: What is the significance of dismissing complaints under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)?
A1: Dismissing complaints is crucial in ensuring justice and protecting individuals from false accusations, maintaining a balance between upholding justice and safeguarding individual rights.
Q2: How are complaints scrutinized under BNSS, and what sections govern this process?
A2: Complaints are scrutinized under Sections 223 to 226 of BNSS, aiming to distinguish genuine cases from those lacking merit. This process prevents unwarranted summoning of accused individuals.
Q3: What is the role of the complainant's examination in the dismissal process under BNSS?
A3: Section 223 BNSS mandates the examination of the complainant and witnesses under oath, aiming to establish a prima facie case against the accused and prevent false or harassing complaints.
Q4: How does BNSS handle cases where a complaint is made before an incompetent Magistrate?
A4: Section 224 BNSS stipulates that if a complaint is made before an incompetent Magistrate, the case must be referred to the appropriate court.
Q5: What is "Post Cognizance Investigation" under Section 225 BNSS?
A5: Section 225 BNSS allows the Magistrate to order a limited investigation after taking cognizance, aiding in deciding whether to issue a process.
Q6: What power does a Magistrate have to dismiss a complaint under Section 226 BNSS?
A6: Section 226 BNSS empowers the Magistrate to dismiss a complaint if the inquiry or investigation reveals no grounds for further proceedings, with recorded reasons to prevent baseless cases from progressing.
Q7: How does Section 227 BNSS contribute to the initiation of legal proceedings?
A7: Section 227 BNSS allows the Magistrate to issue a summons or warrant against the accused upon finding sufficient grounds, initiating legal proceedings based on the nature of the case.
Q8: Is the dismissal of a complaint by a Magistrate subject to judicial review?
A8: Yes, Section 226 BNSS emphasizes the importance of recording reasons for dismissal, making it subject to higher court scrutiny to ensure due diligence and proper exercise of discretion.
Q9: How does Section 226 BNSS protect against arbitrary dismissals?
A9: Section 226 BNSS requires the Magistrate to record brief reasons for dismissal, serving as a safeguard against arbitrary dismissals and ensuring the application of mind to available facts.
Q10: In what situations does Section 226 BNSS come into play for dismissal in multiple offense cases?
A10: Section 226 BNSS is applicable when a complaint charges multiple offenses against accused persons. The Magistrate must provide reasons for not proceeding with certain offenses, ensuring transparency and accountability in the dismissal process.
Dismissal of complaint under BNSS (Bharatiya Nagarik Suraksha Sanhita)
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