Section 200 CrPC & Section 223 BNSS: Private Complaint and Cognizance Procedure
The Karnataka High Court in Sri Sathya Sai Central Trust v. State of Karnataka explained the steps a Magistrate should follow while dealing with a private complaint under the Code of Criminal Procedure, 1973. Since 1 July 2024, new proceedings are principally governed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), subject to its repeal-and-savings provision.
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Current Legal Position: CrPC 1973 and BNSS 2023
The Code of Criminal Procedure, 1973 was repealed when the BNSS came into force on 1 July 2024. However, Section 531(2)(a) BNSS saves specified proceedings that were already pending immediately before commencement, including an appeal, application, trial, inquiry or investigation, so that they continue under the CrPC.
The Supreme Court has clarified that a merely ministerial act is not necessarily an "inquiry". In Parvinder Singh, a complaint had been filed before 1 July 2024, but the court had only directed registration/numbering and listed the matter for cognizance. The Supreme Court held that the inquiry had not commenced merely by those acts; because cognizance was taken on 2 July 2024, the protection in the first proviso to Section 223(1) BNSS applied.
| CrPC, 1973 | BNSS, 2023 | Subject |
|---|---|---|
| Section 200 | Section 223 | Examination of complainant |
| Section 201 | Section 224 | Complaint before Magistrate not competent to take cognizance |
| Section 202 | Section 225 | Postponement of issue of process / inquiry or investigation |
| Section 203 | Section 226 | Dismissal of complaint |
| Section 204 | Section 227 | Issue of process |
| Section 205 | Section 228 | Dispensing with personal attendance of accused |
Karnataka High Court Procedure for a Private Complaint
In the judgment dated 22 July 2021, the Karnataka High Court set out practical guidance on how a Magistrate should deal with a private complaint under the CrPC. The decision continues to be relevant for proceedings governed by the saved CrPC regime and remains useful for understanding the corresponding BNSS stages, subject to the new statutory requirements introduced by the BNSS.
- Read the complaint first. After presentation, the Magistrate should read the complaint. If the allegations on their face do not disclose the commission of an offence, the complaint may be rejected or dismissed. The High Court cautioned against hasty rejection merely because the complaint is poorly drafted and observed that examination of the complainant and witnesses may sometimes be appropriate before reaching a conclusion.
- Examine the complainant and witnesses where required. Under the CrPC framework, after reading the complaint and examining the complainant and witnesses, if sufficient grounds exist to proceed, the Magistrate may take cognizance and issue process in accordance with law.
- Use the inquiry/investigation stage when necessary. If sufficient material is not yet available to decide whether process should issue, the Magistrate may hold an inquiry or direct an investigation under Section 202 CrPC. The corresponding provision is Section 225 BNSS.
- Dismiss the complaint where no sufficient ground exists. If, after considering the material and any examination or inquiry required by law, no sufficient ground for proceeding is made out, the complaint may be dismissed under Section 203 CrPC; the corresponding BNSS provision is Section 226.
- Section 202 inquiry is not universally mandatory. Under the CrPC it is used in the circumstances contemplated by Section 202, although postponement of process and inquiry/investigation is mandatory where the accused resides beyond the Magistrate's territorial jurisdiction. Section 225 BNSS retains this territorial safeguard.
- A formal endorsement saying "cognizance taken" is not decisive. The High Court emphasized application of judicial mind. A brief order should demonstrate that application of mind; the decision to issue process may itself show that cognizance has been taken.
- Challenge to a police 'B' report. The High Court stated that when a police officer files a 'B' report and the complainant contests it, the Magistrate should follow the complaint procedure explained in the judgment.
Private Complaint Procedure under Sections 223-227 BNSS
For proceedings governed by the BNSS, the complaint process should be read as a sequence. The Magistrate having jurisdiction examines the complainant and witnesses as required by Section 223, subject to statutory exceptions. Before cognizance is taken, the accused must receive an opportunity of hearing. If the accused is a public servant and the alleged offence concerns discharge of official functions or duties, Section 223(2) imposes additional requirements before cognizance.
If the Magistrate is not competent to take cognizance, Section 224 applies. Under Section 225, the Magistrate may postpone issue of process and conduct an inquiry or direct investigation to determine whether sufficient ground exists for proceeding; where the accused resides outside the Magistrate's territorial jurisdiction, postponement of process is mandatory. If no sufficient ground exists, Section 226 permits dismissal of the complaint. If sufficient ground exists, process may be issued under Section 227.
Karnataka High Court Case Details
Case: Sri Sathya Sai Central Trust & Another v. State of Karnataka & Another
Lead matter: Criminal Petition No. 1422 of 2021, connected with Criminal Petition Nos. 1197/2021, 1219/2021 and 2286/2021
Court: High Court of Karnataka at Bengaluru
Judge: Hon'ble Mr Justice Sreenivas Harish Kumar
Date: 22 July 2021
Official Legal Resources
- India Code - Bharatiya Nagarik Suraksha Sanhita, 2023
- India Code - Code of Criminal Procedure, 1973
- High Court of Karnataka - Criminal Petition No. 1422/2021 judgment dated 22 July 2021
- Supreme Court of India - Parvinder Singh v. Directorate of Enforcement, 2026 INSC 519
This page explains general legal procedure and is not a substitute for advice on the facts of a particular case.