Detailed explanation of Section 225 and related provisions of the Bhartiya Nayaya Samhita 2023 | ProAdvocate | New Delhi

Detailed explanation of Section 225 and related provisions of the Bhartiya Nayaya Samhita  2023 | ProAdvocate | New Delhi

Various reforms and new provisions have been brought in the judicial process under the Bhartiya Nayaya Samhita 2023 .

Special importance has been given to Section 225, which empowers the Magistrate to investigate and take other decisions before acting on the complaint. In this article, we will discuss Section 225 as well as Section 223 and Section 224, which further clarify the process of taking cognizance by the Magistrate.

Informing the court in advance of the possibility of a civil suit Section 225: Power of Magistrate to investigate and issue process Under Section 225, the Magistrate has some important powers, which are helpful in investigating the complaint and deciding further action. This section is divided into three major parts: Section 225(1): Power of Magistrate to conduct preliminary inquiry When a Magistrate receives a complaint of an offence of which he may take cognizance or which is assigned to him under section 212, he may hold an inquiry before issuing process against the accused. 

The Magistrate has the power to: 

• postpone action against the accused: If the accused resides outside the area over which the Magistrate has no jurisdiction, he may take action only after holding an inquiry. 

• conduct inquiry himself or order an inquiry: The Magistrate may investigate the case himself or direct a police officer or any other person to conduct an inquiry.

However, an inquiry cannot be ordered in certain cases, such as: 

• If the offence is one which can only be tried by a Court of Session. 

• If the complaint has not been made by a Court, an inquiry cannot be ordered unless the complainant and the witnesses have been examined on oath, as prescribed in Section 223. 

Section 225(2): Procedure for taking evidence from witnesses As per Section 225(2), a Magistrate may take evidence on oath from witnesses, if he finds it necessary. But if the complaint shows an offence which can only be tried by a Court of Session, the Magistrate has to call all the witnesses from the complainant and take their evidence on oath.  

For example, if a complaint is made of a serious offence, such as murder, which can be heard by a Sessions Court, the Magistrate must examine witnesses on oath. Section 225(3): Investigation by other than police officer Section 225(3) provides that if an investigation is ordered by a person who is not a police officer, he shall have all the powers of an officer in charge of a police station during the investigation. Only, he shall not have the power to arrest without a warrant. For example, if a Magistrate orders an investigation by a non-police person, that person can exercise the same powers during the investigation as a police officer does. However, he will need a warrant to arrest. 

Section 223: Cognizance by Magistrate of complaints Section 223 provides that when a Magistrate takes cognizance of a complaint of an offence, he must take evidence on oath from the complainant and witnesses. But there are some exceptions to this, such as: • If the complaint is made by a public servant, the magistrate is not required to take evidence on oath from the complainant and witnesses. 

• If the magistrate transfers the case to another magistrate under section 212, the other magistrate is not required to examine the complainant and witnesses again. This provision ensures that a proper inquiry is conducted at the time of complaint and the accused gets an adequate opportunity of being heard. 

Section 224: Procedure in case of complaint by an unqualified magistrate Under section 224, if a complaint is made to a magistrate who is not authorised to take cognizance of the offence, then:

• If the complaint is in writing, the magistrate will return it to the complainant and direct it to be produced in the appropriate court.

• If the complaint is made orally, the magistrate will direct the complainant to go to the appropriate court. The purpose of this section is that complaints should go only to the magistrate who has the power to take cognizance of that particular offence. This is an important way to maintain discipline in the judicial process. 

Sections 225, 223, and 224 of the Indian Civil Protection Code, 2023 clearly give the magistrate the power to investigate, hear, and issue process. The main purpose of these provisions is to ensure that the judicial process is smooth and efficient.

It should be transparent, and the rights of both the complainant and the accused should be protected. Through Section 225, the magistrate has been given the power to investigate a complaint himself or order a police officer or any other person to investigate. Along with this, Section 223 and Section 224 ensure that if a complaint is made to a magistrate, he will take further action only after proper hearing and investigation.