Criminal Procedure | Updated 17 October 2026

Section 200 CrPC and Section 223 BNSS: Examination of Complainant

The examination of a complainant is an important safeguard in criminal complaint proceedings. Section 200 of the Code of Criminal Procedure, 1973 (CrPC) prescribed the earlier procedure. Its corresponding current provision is Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which introduces additional requirements concerning hearing the accused and complaints against public servants.

Current law: The BNSS came into force on 1 July 2024. Section 223 generally governs examination of complainants under the new procedural law. The savings and transitional provisions, including Section 531 BNSS, must be checked for proceedings already pending under the CrPC.

Section 200 CrPC: Examination of Complainant

Under Section 200 CrPC, a Magistrate taking cognizance of an offence on a complaint examines the complainant and any witnesses present on oath. The substance of their examination is recorded in writing and signed by the complainant, the witnesses and the Magistrate.

Exceptions under the original provision

When a complaint is in writing, the Magistrate need not examine the complainant and witnesses if:

  1. The complaint is made by a court or by a public servant acting or purporting to act in the discharge of official duties; or
  2. The Magistrate makes over the case for inquiry or trial to another Magistrate under Section 192 CrPC.

If the first Magistrate has already examined the complainant and witnesses before transferring the case under Section 192, the receiving Magistrate need not examine them again.

The original provision is preserved here for reference to earlier law and proceedings to which the CrPC continues to apply.

Section 223 BNSS: Current Provision

Section 223(1) requires a Magistrate having jurisdiction, while taking cognizance on a complaint, to examine the complainant and any witnesses present on oath. Their statements must be reduced to writing and signed by those examined and the Magistrate.

Opportunity of hearing: The first proviso to Section 223(1) states that the Magistrate shall not take cognizance without giving the accused an opportunity of being heard. The precise procedural stage and implementation must be considered in light of applicable binding judicial interpretation.

Section 223(2): For a complaint against a public servant alleging an offence committed in the course of official functions or duties, the Magistrate must give that public servant an opportunity to make assertions concerning the circumstances of the incident and receive a report of the facts and circumstances from the public servant's superior officer before taking cognizance.

Read the official Ministry of Home Affairs page on the new criminal laws and the BNSS text hosted by the Bureau of Police Research and Development.

Procedure for Examination of a Private Complainant

  1. Filing the complaint: A complaint alleging facts constituting an offence is presented to the Magistrate with jurisdiction, subject to any special statutory requirements.
  2. Examination on oath: The complainant and witnesses present are examined in accordance with Section 223, unless a statutory exception applies.
  3. Recording and signatures: The substance of the examination is written down and signed as required by law.
  4. Hearing and safeguards: The Magistrate applies the accused-hearing proviso and, where relevant, the additional requirements for complaints against public servants.
  5. Further inquiry: Under Section 225 BNSS, the Magistrate may postpone issuing process and conduct or direct an inquiry or investigation, subject to statutory conditions.
  6. Decision: The complaint may be dismissed under Section 226 BNSS if there is no sufficient ground for proceeding, with brief reasons recorded, or process may be issued under Section 227 where the statutory requirements are satisfied.

When Examination May Be Dispensed With

Under the second proviso to Section 223(1), when the complaint is made in writing, the Magistrate need not examine the complainant and witnesses if a court or a public servant acting or purporting to act in the discharge of official duties makes the complaint, or if the case is made over to another Magistrate under Section 212 BNSS.

Where the complainant and witnesses have already been examined before the case is made over under Section 212, the receiving Magistrate need not re-examine them. These exceptions concern examination and should not be confused with other requirements governing cognizance.

Related provisions

Section 224 BNSS addresses complaints before a Magistrate who is not competent to take cognizance. Section 225 concerns postponement of issue of process, Section 226 concerns dismissal of complaints and Section 227 concerns issue of process.

Frequently Asked Questions

What is the equivalent of Section 200 CrPC under the BNSS?

Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the corresponding provision.

Must a complainant be examined on oath?

Ordinarily yes, along with witnesses present, if any, subject to the statutory exceptions for certain written complaints and transferred cases.

Does the BNSS require an opportunity of hearing for the accused?

Section 223(1) expressly contains such a proviso. Its practical operation depends on the applicable procedural context and judicial interpretation.

Are there additional rules for complaints against public servants?

Yes. Section 223(2) prescribes an opportunity for the public servant to explain the circumstances and receipt of a superior officer's report where the alleged conduct occurred in the course of official duties.

Official Statutory References

This article provides general legal information. The applicable law, procedural posture and binding court decisions should be checked for any particular case.