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BNSS · Section 223 · Chapter XVI — COMPLAINTS TO MAGISTRATES

Examination of complainant.

What this section does

When a Magistrate takes cognizance of an offence on complaint, he must examine the complainant and present witnesses on oath, reduce the substance to writing, and have it signed by all parties including himself; the accused must be given an opportunity of being heard before cognizance is taken. Special procedural protections apply when the complaint is against a public servant for acts done in official discharge of duty, requiring the public servant's assertions and a superior officer's report before cognizance.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors
Magistrate · Complainant · Witnesses · Accused · Public servant · Superior officer
Old-law correspondence

Read the official text

For the binding statutory text of BNSS Section 223, refer to the Gazette of India or the India Code official website.

Why this matters

BNSS Section 223 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.