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 Raghvendra Verma

Advocate Raghvendra Verma

Banking & Finance, Civil, Court Marriage, Criminal, Family, High Court, R.T.I, Anticipatory Bail, Arbitration, Labour & Service

Get Advice
Advocate Harindra Yadav

Advocate Harindra Yadav

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, Labour & Service, Landlord & Tenant, Motor Accident, Muslim Law, R.T.I, Recovery, Succession Certificate, Trademark & Copyright

Get Advice
Advocate Rohit Kumar Machawal

Advocate Rohit Kumar Machawal

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Immigration, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, Property, R.T.I, Recovery, RERA, Succession Certificate, Supreme Court, Tax, Wills Trusts, Revenue

Get Advice
Advocate Deependra Meena

Advocate Deependra Meena

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Rupali Gopal Chaudhari

Advocate Rupali Gopal Chaudhari

Civil, Criminal, Divorce, Family, Property

Get Advice
Advocate Satyajit Das

Advocate Satyajit Das

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Kamal Mirani

Advocate Kamal Mirani

Cheque Bounce, Child Custody, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Landlord & Tenant, Muslim Law, Property, Recovery, Supreme Court, Trademark & Copyright, Anticipatory Bail

Get Advice
Advocate vipul Ajwaliya

Advocate vipul Ajwaliya

Anticipatory Bail,Arbitration,Armed Forces Tribunal,Bankruptcy & Insolvency,Banking & Finance,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Corporate,Court Marriage,Customs & Central Excise,Criminal,Cyber Crime,Divorce,Documentation,GST,Domestic Violence,Family,High Court,Immigration,Insurance,International Law,Labour & Service,Landlord & Tenant,Media and Entertainment,Medical Negligence,Motor Accident,Muslim Law,NCLT,Patent,Property,R.T.I,Recovery,RERA,Startup,Succession Certificate,Supreme Court,Tax,Trademark & Copyright,Wills Trusts,Revenue

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.