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. Opportunity for the Public Servant: Officer Sharma is given an opportunity to explain the situation that led to the alleged incident.
4. Superior Officer's Report: The Magistrate waits for a report from Officer Sharma's superior, detailing the facts and circumstances of the incident.
5. Proceeding with the Case: Based on the superior officer's report and Officer Sharma's explanation, the Magistrate decides whether to take cognizance of the offence and proceed with the case.

Example 3:

Scenario: A citizen files a complaint against a local government official for corruption.

Application of the Act:

1. Filing the Complaint: The citizen submits a written complaint to the Magistrate, alleging that the local government official demanded a bribe.
2. Examination of Complainant: The Magistrate, having jurisdiction, examines the complainant under oath and records the statement. Any witnesses present are also examined under oath.
3. Documentation: The statements of the complainant and witnesses are written down and signed by all parties, including the Magistrate.
4. Opportunity for the Accused: The accused government official is given an opportunity to be heard before the Magistrate takes further action.
5. Public Servant Clause: If the complaint involves actions taken by the official in the course of their duties, the Magistrate waits for a report from the official's superior before proceeding.

Example 4:

Scenario: A citizen files a complaint against a police officer for wrongful detention.

Application of the Act:

1. Filing the Complaint: The citizen files a written complaint alleging wrongful detention by the police officer.
2. Examination of Complainant: The Magistrate examines the complainant under oath and records the statement. Any witnesses are also examined under oath.
3. Documentation: The statements are documented and signed by the complainant, witnesses, and the Magistrate.
4. Opportunity for the Accused: The police officer is given an opportunity to explain the circumstances of the detention.
5. Superior Officer's Report: The Magistrate waits for a report from the police officer's superior detailing the incident.
6. Proceeding with the Case: Based on the superior officer's report and the police officer's explanation, the Magistrate decides whether to take cognizance of the offence and proceed with the case.