Bharatiya Nagarik Suraksha Sanhita, 2023

Section 226 BNSS - Dismissal of Complaint

Section 226 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with dismissal of a complaint by a Magistrate when, after considering the material required at the pre-process stage, the Magistrate finds that there is no sufficient ground for proceeding.

The BNSS was enacted as Act 46 of 2023 and, subject to the notified exception concerning the First Schedule entry relating to section 106(2) of the Bharatiya Nyaya Sanhita, came into force on 1 July 2024. Section 226 is the present BNSS provision corresponding to section 203 of the Code of Criminal Procedure, 1973.

Text of Section 226 BNSS

226. Dismissal of complaint.

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 225, 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.

Meaning of Section 226

Section 226 operates at the stage before issue of process. It requires the Magistrate to consider the complainant's statement on oath, the statements of witnesses where applicable, and the result of any inquiry or investigation under Section 225 BNSS.

If that material does not disclose a sufficient ground for proceeding, the Magistrate must dismiss the complaint. The section also makes recording of brief reasons mandatory. A dismissal under Section 226 is therefore not intended to be an unexplained or mechanical order.

What the Magistrate Considers Before Dismissal

  • The statement on oath of the complainant, where such examination is required.
  • The statements on oath of witnesses, if any.
  • The result of an inquiry or investigation, if any, ordered under Section 225 BNSS.
  • Whether there is a sufficient ground to proceed further with the complaint.

Requirement to Record Reasons

The concluding words of Section 226 require the Magistrate to briefly record the reasons for dismissal. This requirement is important because it shows that the relevant material was considered and identifies why the complaint was found insufficient to proceed.

Section 225, Section 226 and Section 227 BNSS

These provisions form a connected sequence in a complaint case. Section 225 BNSS permits postponement of issue of process and provides for an inquiry or investigation in the circumstances stated there. Section 226 applies when the Magistrate finds no sufficient ground for proceeding. If sufficient ground exists, the case moves to Section 227 BNSS, which deals with issue of process.

Corresponding Provision Under the CrPC

Section 226 BNSS broadly corresponds to Section 203 of the Code of Criminal Procedure, 1973. The core rule remains that a complaint may be dismissed where there is no sufficient ground for proceeding, with brief reasons recorded by the Magistrate. Under the BNSS structure, the related postponement-of-process provision is Section 225 and the issue-of-process provision is Section 227.

Practical note: The applicability of BNSS or the earlier CrPC to a particular proceeding may depend on the date and procedural history of the case and the statutory saving provisions. For a live case, the complete record and applicable transition provisions should be examined.

Quick Summary

  • Section 226 BNSS concerns dismissal of a complaint.
  • The Magistrate must evaluate the relevant pre-process material.
  • Dismissal follows when there is no sufficient ground for proceeding.
  • Brief reasons for dismissal must be recorded.
  • Section 226 should be read with Sections 225 and 227 BNSS.