Section 223 of BNSS : Section 223: Examination of complainant.

Explanation using Example

Example 1:

Scenario: Ramesh files a complaint against his neighbor, Suresh, alleging that Suresh has been harassing him and his family.

Application of the Act:

1. Filing the Complaint: Ramesh goes to the local Magistrate's court and files a written complaint detailing the harassment.
2. Examination of Complainant: The Magistrate, having jurisdiction, takes cognizance of the complaint and calls Ramesh to the stand. Ramesh is examined under oath, and he narrates the incidents of harassment. Any witnesses Ramesh has brought along are also examined under oath.
3. Documentation: The Magistrate ensures that the substance of Ramesh's examination and the witnesses' statements are written down. Ramesh, the witnesses, and the Magistrate sign this document.
4. Opportunity for the Accused: Before taking further action, the Magistrate ensures that Suresh is given an opportunity to be heard regarding the allegations.
5. Proceeding with the Case: If the complaint was made in writing and the Magistrate decides to transfer the case to another Magistrate under section 212, the new Magistrate does not need to re-examine Ramesh and the witnesses.

Example 2:

Scenario: A public servant, Officer Sharma, is accused of using excessive force during a protest.

Application of the Act:

1. Filing the Complaint: A citizen files a written complaint against Officer Sharma, alleging excessive use of force.
2. Examination of Complainant: Since the complaint is against a public servant, the Magistrate does not immediately examine the complainant and witnesses.
3. **Oppo...

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