Bharatiya Nagarik Suraksha Sanhita, 2023 · Section 223

BNSS 223: earlier CrPC 200

Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces Section 200 of the Code of Criminal Procedure, 1973. BNSS 223 deals with examination of complainant. The NCRB table marks it as changed. Compare the wording below. 223(2) is new. The Bharatiya Nagarik Suraksha Sanhita came into force on 1 July 2024.

Bharatiya Nagarik Suraksha Sanhita

BNSS 223 was CrPC 200.

Examination of complainant. · The NCRB table marks it as changed. Compare the wording below. 223(2) is new.

Modified
97% of the old wording kept
Old · CrPC 1973 · Ch. XV
s. 200
Examination of complainant
A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate:
Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses—
(a) if a public servant acting or purporting to act in the discharge of his official duties or a Court has made the complaint; or
(b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under section 192:
Provided further that if the Magistrate makes over the case to another Magistrate under section 192 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them.
Text from the official India Code PDF
New · BNSS 2023 · Ch. XVI
s. 223(1)of section 223
Examination of complainant.
(1) A Magistrate having jurisdiction while taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate:
Provided that no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard:
Provided further that when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses—
(a) if a public servant acting or purporting to act in the discharge of his official duties or a Court has made the complaint; or
(b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under section 212:
Provided also that if the Magistrate makes over the case to another Magistrate under section 212 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them.
Text from India Code

The new section for any IPC, CrPC or Evidence Act provision, and the old one for any BNS, BNSS or BSA section, with a converter for whole charges. Free, no sign-up.

Section-wise charts: IPC to BNS chart · CrPC to BNSS chart · Evidence Act to BSA chart

Open the converter