Section 224: Procedure When Magistrate Takes Cognizance

Overview

Section 224 of the Bhartiya Nagrik Suraksha Sanhita (BNS) deals with the procedure a Magistrate must follow after deciding to take action on a complaint or information about an offence. This is a crucial step in starting a criminal case.

Purpose of the Provision

This procedure ensures fairness and prevents hasty decisions. It makes sure the Magistrate carefully examines the complaint and any evidence before proceeding further. It protects both the complainant and the accused by establishing a clear process.

Step-by-Step Procedure

• Step 1 – Examination of Complainant: The Magistrate first examines the complainant (the person who filed the complaint) and any witnesses they present. This is done under oath.
• Step 2 – Consideration of Evidence: The Magistrate then considers any documents or other evidence submitted by the complainant. They assess if this evidence shows a possible offence has been committed.
• Step 3 – Further Orders: Based on the examination and evidence, the Magistrate can then decide to dismiss the complaint, direct further investigation, or proceed with issuing a summons or warrant. There are no strict timelines mentioned in the section itself, but delays should be avoided.

Rights and Safeguards

• Right to be Heard: The complainant has the right to be heard and present their case before the Magistrate.
• Accused’s Rights (at later stages): While Section 224 itself doesn’t directly address the accused’s rights, the subsequent steps (issuing summons/warrant) will trigger those rights, including the right to legal representation.
• Recording of Reasons: Although not explicitly stated in this section, best practice dictates that the Magistrate should record the reasons for their decision, especially if dismissing the complaint.

Practical Examples

• Example 1: A person files a complaint of theft. The Magistrate examines the complainant and a witness who saw someone running from the scene. If the Magistrate believes there’s enough evidence, they might issue a summons to the suspected thief to appear in court.
• Example 2: A complaint is filed alleging defamation. The Magistrate examines the complainant and the alleged defamatory statement. If the Magistrate finds the statement doesn’t constitute defamation under the law, they can dismiss the complaint at this stage.

Difference from Old CrPC Provision (if applicable)

The BNS largely mirrors the procedure outlined in Section 200 of the old Criminal Procedure Code (CrPC). The core steps remain the same: examination of the complainant and consideration of evidence. There are no significant procedural changes in this specific section.

Key Takeaways

Remember that Section 224 focuses on the Magistrate’s initial assessment of a complaint. It’s about ensuring a fair and considered start to a criminal case. The Magistrate must examine the complainant and evidence before deciding how to proceed. This section sets the stage for further investigation or trial.