Law4u - Made in India

What Is BNSS Section 226?

Answer By law4u team

Bharatiya Nagarik Suraksha Sanhita, 2023 - 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.

Brefe Detail

This section outlines the procedure a Magistrate must follow when evaluating a complaint. If, after reviewing the evidence and statements provided, the Magistrate finds insufficient grounds to proceed with the case, he is required to dismiss the complaint and document his reasons for the dismissal.

Question & Answers

What must a Magistrate do if he finds insufficient grounds to proceed with a complaint?

The Magistrate shall dismiss the complaint and briefly record his reasons for doing so.

What does the Magistrate consider before dismissing a complaint?

The Magistrate considers the statements on oath of the complainant and witnesses, as well as the results of any inquiry or investigation conducted under section 225.

Is the Magistrate required to provide reasons for the dismissal?

Yes, the Magistrate must briefly record his reasons for dismissing the complaint.

Example

1. Scenario 1: A complaint is filed alleging harassment, but after reviewing witness statements and evidence, the Magistrate concludes that there is no substantial evidence. He dismisses the complaint and documents his reasons for the decision.

2. Scenario 2: During an inquiry, if the witness statements contradict each other significantly, and the Magistrate finds that the allegations are unsubstantiated, he may dismiss the case and record his rationale for doing so.

Summary

Section 226 of the Bharatiya Nagarik Suraksha Sanhita, 2023, mandates that a Magistrate must dismiss a complaint if he finds no sufficient grounds to proceed after examining the necessary statements and investigation results. The Magistrate is also required to document the reasons for his decision.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Gupteshwar Kumar

Advocate Gupteshwar Kumar

Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Consumer Court, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Labour & Service

Get Advice
Advocate Ganesh Kakarwal

Advocate Ganesh Kakarwal

Anticipatory Bail, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Criminal, Divorce, Domestic Violence, Family, Insurance, Landlord & Tenant, Motor Accident, Property, R.T.I, Recovery, Succession Certificate, Revenue, Medical Negligence, High Court, Court Marriage, Trademark & Copyright, Documentation, Cyber Crime, RERA

Get Advice
Advocate Pratyush Prakash Singh

Advocate Pratyush Prakash Singh

Banking & Finance, Cheque Bounce, Court Marriage, Divorce, Domestic Violence, Insurance, Motor Accident, Property, Succession Certificate, Tax

Get Advice
Advocate Shivendra Pratap Singh

Advocate Shivendra Pratap Singh

Criminal,Divorce,Domestic Violence,Family,High Court,

Get Advice
Advocate Ashwini Borude

Advocate Ashwini Borude

Divorce, Family, Domestic Violence, Criminal, Civil, Cheque Bounce, Consumer Court, Documentation, High Court, Wills Trusts, Succession Certificate, Court Marriage, Child Custody, Breach of Contract, Anticipatory Bail

Get Advice
Advocate Puspita Bhowmick

Advocate Puspita Bhowmick

Anticipatory Bail, Cheque Bounce, Criminal, High Court, Divorce, Civil, Arbitration

Get Advice
Advocate Naginder Kumar

Advocate Naginder Kumar

Cheque Bounce, Criminal, Divorce, Documentation, Domestic Violence, Motor Accident

Get Advice
Advocate Suresh Kumar Jasaiwal

Advocate Suresh Kumar Jasaiwal

Criminal,Family,Civil,High Court,Landlord & Tenant,Labour & Service,

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.