Section 224 BNSS: Procedure by Magistrate Not Competent to Take Cognizance
Section 224 of the Bharatiya Nagarik Suraksha Sanhita, 2023 prescribes a simple procedural rule for a complaint presented to a Magistrate who is not competent to take cognizance of the offence. The course to be followed depends on whether the complaint is in writing or is not in writing.
Text of Section 224 BNSS
224. If the complaint is made to a Magistrate who is not competent to take cognizance of the offence, he shall,-
(a) if the complaint is in writing, return it for presentation to the proper Court with an endorsement to that effect;
(b) if the complaint is not in writing, direct the complainant to the proper Court.
Meaning and Scope of Section 224
Section 224 applies when a complaint has reached a Magistrate who does not have legal competence to take cognizance of the offence stated in that complaint. Instead of proceeding with the complaint, the Magistrate must redirect it to the Court that is competent to deal with the matter.
The provision distinguishes between a written complaint and a complaint that is not in writing. In the first situation, the document is returned with an endorsement for presentation to the proper Court. In the second, the complainant is directed to approach the proper Court.
Written Complaint and Oral Complaint: Different Procedure
| Type of Complaint | Action Required Under Section 224 |
|---|---|
| Complaint in writing | The Magistrate must return the written complaint for presentation to the proper Court and make an endorsement to that effect. |
| Complaint not in writing | The Magistrate must direct the complainant to the proper Court. |
What Does "Not Competent to Take Cognizance" Mean?
In Section 224, competence refers to the legal authority of the Magistrate to take cognizance of the offence in the complaint. That authority depends on the provisions of the BNSS and the law creating or regulating the particular offence. If the complaint is presented to a Magistrate who cannot legally take cognizance, Section 224 requires the complaint to be redirected rather than adjudicated by that Magistrate.
Endorsement on a Written Complaint
Clause (a) specifically requires an endorsement when the written complaint is returned. The endorsement records that the complaint is being returned for presentation to the proper Court because the Magistrate receiving it is not competent to take cognizance.
Relationship With Sections 223 to 227 BNSS
Section 224 is part of the complaint-case procedure. Section 223 deals with examination of the complainant and witnesses and other safeguards at the cognizance stage. If the Magistrate is not competent to take cognizance, Section 224 provides the redirection mechanism. Where a competent Magistrate is seized of the complaint, Section 225 deals with postponement of issue of process and inquiry or investigation, Section 226 with dismissal of complaint where there is no sufficient ground for proceeding, and Section 227 with issue of process where sufficient ground exists.
Key Legal Points
- Section 224 applies only where the Magistrate receiving the complaint is not competent to take cognizance of the offence.
- A written complaint must be returned for presentation to the proper Court.
- The returned written complaint must carry an endorsement to that effect.
- If the complaint is not in writing, the complainant must be directed to the proper Court.
- The provision concerns procedural competence and redirection; it does not empower the incompetent Magistrate to decide the complaint on merits.
- The "proper Court" is the Court legally competent to receive and deal with the complaint under the applicable law.
Commencement of the BNSS
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. The Central Government appointed July 1, 2024 as the date on which its provisions came into force, except the notified First Schedule entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.
Official Legal Sources
For the authoritative statutory text and commencement notification, refer to the official Government sources below.