Criminal procedure in India | Updated 18 October 2026

Section 203 CrPC - Dismissal of Complaint and Section 226 BNSS

A Magistrate may dismiss a criminal complaint at the preliminary stage when the materials do not disclose sufficient ground for proceeding. The Magistrate must briefly record the reasons for dismissal.

Current law: Section 226 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), corresponds to Section 203 of the Code of Criminal Procedure, 1973 (CrPC). The BNSS came into force on 1 July 2024. Pending matters may remain governed by the CrPC under Section 531 BNSS.

Section 203 CrPC - statutory provision

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 202, 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.

Section 226 BNSS - corresponding provision

Section 226 BNSS retains the essential rule of Section 203 CrPC, with the reference to the preliminary inquiry or investigation updated from Section 202 CrPC to Section 225 BNSS. The Magistrate considers the sworn statements, if any, and the results of any inquiry or investigation before deciding whether sufficient grounds exist to proceed.

Meaning of important legal terms

  • Complaint: An allegation made orally or in writing to a Magistrate with a view to action under criminal procedure, excluding a police report, subject to the statutory definition and its explanation under Section 2(1)(h) BNSS.
  • Cognizance: Judicial application of mind by a Magistrate to a suspected offence for proceeding under law; it is distinct from issuing process.
  • Sufficient ground for proceeding: Adequate preliminary material to justify taking the next procedural step against the proposed accused, not proof of guilt beyond reasonable doubt.
  • Issue of process: The stage at which the Magistrate directs summons or, where legally permissible, a warrant under Section 227 BNSS (formerly Section 204 CrPC).

How the Magistrate decides whether to dismiss a complaint

  1. Examination of complaint: The Magistrate considers the complaint and the examination of the complainant and witnesses where required under Section 223 BNSS (formerly Section 200 CrPC).
  2. Further inquiry, where necessary: The Magistrate may conduct or direct an inquiry or investigation under Section 225 BNSS (formerly Section 202 CrPC), subject to its conditions.
  3. Assessment of materials: The Magistrate assesses whether the material provides sufficient ground to proceed, without conducting a full trial at this stage.
  4. Reasoned order: If no sufficient ground exists, the complaint is dismissed under Section 226 BNSS or, where the old Code governs, Section 203 CrPC. Brief reasons must be recorded.

What remedies are available after dismissal?

A complainant may, where legally maintainable, challenge a dismissal order through the criminal revision jurisdiction under the applicable procedural law, including Sections 438 to 442 BNSS (corresponding broadly to Sections 397 to 401 CrPC). A second complaint on the same facts may be entertained only in exceptional circumstances recognised by judicial precedent; it is not an automatic appeal or rehearing. The appropriate remedy depends on the order, procedural history and limitation rules.

Dismissal of complaint versus acquittal

Dismissal under Section 203 CrPC or Section 226 BNSS is a preliminary refusal to proceed on a complaint. It is not the same as an acquittal following a trial. It also differs from dismissal for non-payment of process fees under Section 227(4) BNSS (formerly Section 204(4) CrPC).

Application of the old and new criminal procedure laws

Section 531 BNSS repeals the CrPC but preserves the application of the earlier Code to specified appeals, applications, trials, inquiries and investigations pending immediately before commencement. Whether a particular complaint remains subject to CrPC provisions requires examination of its procedural status and the savings clause.

Official statutory sources

This article provides general legal information and does not replace advice on the facts of an individual case.