Section 226 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 226 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
📜 Full Text of Section 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.
⚖️ Comparison with the Indian Penal Code (IPC)
Section 226 of the BNSS, 2023, corresponds to Section 203 of the Indian Penal Code (IPC), which also deals with the dismissal of complaints. Both provisions empower the Magistrate to dismiss a complaint if, after considering the relevant statements and the outcome of any inquiry or investigation, there is insufficient ground to proceed with the case.
🧭 Purpose and Significance
Judicial Discretion: Empowers Magistrates to exercise discretion in determining whether a complaint warrants further legal proceedings.
Efficiency in Legal Proceedings: Helps in filtering out frivolous or baseless complaints, ensuring that judicial resources are utilized effectively.
Transparency and Accountability: Mandates that Magistrates record their reasons for dismissing a complaint, promoting transparency and accountability in the judicial process.
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