Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 224: Procedure by Magistrate not competent to take cognizance of case.
If the complaint is made to a Magistrate who is not competent to take cognizance of the offence, he shall:
- if the complaint is in writing, return it for presentation to the proper Court with an endorsement to that effect;
- if the complaint is not in writing, direct the complainant to the proper Court.
Brefe Detail
Section 224 of the Bharatiya Nagarik Suraksha Sanhita, 2023 outlines the procedure for a Magistrate who is not competent to take cognizance of a case. It specifies the actions that should be taken when a complaint is presented to such a Magistrate, ensuring that the complainant is directed to the appropriate legal authority.
Question & Answers
What happens if a complaint is made to a Magistrate who is not competent?
The Magistrate shall return a written complaint for presentation to the proper Court or direct the complainant to the proper Court if the complaint is not in writing.
What must a Magistrate do if the complaint is in writing?
The Magistrate shall return it for presentation to the proper Court with an endorsement indicating this action.
What if the complaint is not in writing?
The Magistrate shall direct the complainant to the proper Court.
Example
- If a citizen files a written complaint about an offence to a local Magistrate who lacks the authority to handle the case, the Magistrate must return the complaint with instructions on where to submit it.
- If a person verbally complains about a situation, the Magistrate must inform them to go to the appropriate Court that has jurisdiction over the matter.
Summary
Section 224 ensures that complaints are directed to the appropriate legal authority when presented to a Magistrate lacking the competence to address them. It emphasizes the importance of proper procedure in the judicial process, allowing for the efficient handling of cases.
