Section 225 BNSS: Postponement of Issue of Process

Text of Section 225 BNSS

Meaning and Scope of Section 225

Section 225 operates at the complaint stage before process is issued to the accused. Its object is to permit judicial scrutiny of the complaint so that the Magistrate can decide whether there is sufficient ground for proceeding. Depending on the circumstances, the Magistrate may conduct the inquiry personally or direct an investigation by a police officer or another suitable person.

The provision is not a trial on guilt or innocence. It is a preliminary scrutiny directed to the narrower question whether sufficient ground exists to proceed further against the accused.

What Does "Issue of Process" Mean?

In complaint proceedings, "process" refers to the Court process used to require the accused to appear before the Court after the Magistrate finds sufficient ground for proceeding. Section 225 concerns postponement of that step while the Magistrate carries out the inquiry or investigation contemplated by the provision.

When Is Postponement Discretionary or Mandatory?

Inquiry by Magistrate or Investigation

After postponing process, the Magistrate may choose between two statutory courses. The Magistrate may inquire into the case personally, or may direct an investigation by a police officer or by another person considered fit. Both routes serve the same statutory purpose: determining whether sufficient ground exists for proceeding.

When Investigation Cannot Be Directed

Section 225(1) places two express restrictions on directing an investigation.

• No direction for investigation may be made where the offence appears to be triable exclusively by the Court of Session.
• If the complaint has not been made by a Court, no such direction may be made unless the complainant and the witnesses present, if any, have first been examined on oath under Section 223 BNSS.

Complaints Triable Exclusively by the Court of Session

Where it appears that the offence complained of is triable exclusively by the Court of Session, Section 225 imposes a stricter procedure. An investigation cannot be directed under the first proviso to sub-section (1). Further, during the Magistrate's inquiry, the complainant must be called upon to produce all witnesses, and those witnesses must be examined on oath.

Evidence of Witnesses During Inquiry

Under Section 225(2), the Magistrate may take evidence of witnesses on oath during the inquiry. This is ordinarily discretionary. However, where the offence appears to be triable exclusively by the Court of Session, examination of all witnesses produced by the complainant becomes mandatory under the proviso to sub-section (2).

Powers of a Non-Police Investigator

Section 225(3) deals with an investigation entrusted to a person who is not a police officer. For that investigation, the person has the powers which the BNSS confers on an officer in charge of a police station, subject to one express limitation: the person has no power to arrest without warrant.

Reference to Section 212 BNSS

Section 225 also applies where the complaint case has been made over to the Magistrate under Section 212 BNSS. Section 212 deals with making over cases by a Chief Judicial Magistrate or another empowered Magistrate to a competent subordinate Magistrate for inquiry or trial.

Connection With Section 223 BNSS

Section 223 regulates examination of the complainant and witnesses at the complaint-cognizance stage. Section 225 expressly refers back to that examination: where a complaint has not been made by a Court, an investigation under Section 225 cannot be directed unless the complainant and witnesses present, if any, have been examined on oath under Section 223.

Meaning of "Sufficient Ground for Proceeding"

The phrase refers to the threshold decision whether the complaint and the material gathered at this preliminary stage justify continuation of the criminal proceedings. It is not a final determination that the accused is guilty. If sufficient ground is found, the case may proceed to the next statutory stage; if not, Section 226 BNSS provides for dismissal of the complaint with recorded reasons.

Relationship With Sections 226 and 227 BNSS

Section 225 provides the preliminary scrutiny mechanism. Section 226 deals with dismissal of the complaint where, after considering the statements on oath and the result of any inquiry or investigation under Section 225, the Magistrate concludes that there is no sufficient ground for proceeding. Section 227 governs issue of process when sufficient ground for proceeding exists.

Key Legal Points

• Section 225 applies after receipt of a complaint by a competent Magistrate or a Magistrate to whom the case has been made over under Section 212.
• Postponement of process is discretionary in ordinary cases but mandatory where the accused resides beyond the Magistrate's territorial area.
• The purpose is to determine whether sufficient ground exists for proceeding.
• The Magistrate may inquire personally or direct investigation, subject to statutory restrictions.
• No investigation may be directed where the offence appears triable exclusively by the Court of Session.
• Where the complaint is not by a Court, examination under Section 223 is required before an investigation is directed.
• For an offence triable exclusively by the Court of Session, the complainant must produce all witnesses for examination on oath.
• A non-police investigator has police-station-officer powers for the investigation except the power to arrest without warrant.

Commencement of the BNSS

The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. The new criminal laws, including the BNSS, came into force from July 1, 2024, subject to the notified exception concerning Section 106(2) of the Bharatiya Nyaya Sanhita, 2023 and the corresponding First Schedule entry.

Official Legal Sources

For authoritative statutory text and current Government material, refer to the official sources below.

Applying Section 225 in a Complaint Case