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BNSS, 2023
Start Practicing
BNSSChapter XVISection 226
Section226

Dismissal of complaint

AI Assist

Summary

After hearing the complainant and witnesses on oath and considering any inquiry or investigation under section 225, if the Magistrate finds there is no sufficient ground to proceed, the Magistrate shall dismiss the complaint. The Magistrate must briefly record the reasons for that dismissal.

Example

Priya files a complaint that her neighbour damaged her shop. The police inquiry finds no supporting evidence and the witnesses, on oath, do not back her claim. After considering the sworn statements and the inquiry report, the Magistrate dismisses the complaint and briefly records the reasons for dismissal.

Bare Act

Enacted text

If, after considering the statements on oath (if any) of the complainant and of the witnesses and the result of the inquiry or investigation (if any) under section 225, the Magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss the complaint, and in every such case he shall briefly record his reasons for so doing. Chapter XVII Commencement of Proceedings before Magistrates

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XVI

Chapter XVI

Complaints to Magistrates

In this chapter

  • 223Examination of complainant
  • 224Procedure by Magistrate not competent to take cognizance of case
  • 225Postponement of issue of process
  • 226Dismissal of complaint
  • 227Issue of process
  • 228Magistrate may dispense with personal attendance of accused
  • 229Special summons in cases of petty offence
  • 230Supply to accused of copy of police report and other documents
  • 231Supply of copies of statements and documents to accused in other cases triable by Court of Session
  • 232Commitment of case to Court of Session when offence is triable exclusively by it
  • 233Procedure to be followed when there is a complaint case and police investigation in respect of same offence
Previous · Section 225Postponement of issue of processNext · Section 227Issue of process