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.
