Section 225 of BNSS : Section 225: Postponement of issue of process.

BNSS

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Explanation using Example

Example 1:

Scenario: Ramesh, a resident of Mumbai, files a complaint with a Magistrate in Delhi, alleging that Suresh, who resides in Chennai, has committed fraud.

Application of Section 225:

  1. Postponement of Process: The Magistrate in Delhi receives the complaint and notes that Suresh resides outside his jurisdiction (in Chennai). Therefore, the Magistrate decides to postpone the issue of process against Suresh.
  2. Inquiry or Investigation: The Magistrate may choose to inquire into the case himself or direct a police officer or another suitable person to investigate the matter to determine if there is sufficient ground to proceed.
  3. Examination of Complainant and Witnesses: If the complaint was not made by a Court, the Magistrate will examine Ramesh and any witnesses present on oath under section 223 before directing an investigation.
  4. Exclusivity of Court of Session: If the offence alleged by Ramesh is triable exclusively by the Court of Session, the Magistrate will not direct an investigation but will call upon Ramesh to produce all his witnesses and examine them on oath.

Example 2:

Scenario: Priya files a complaint with a Magistrate in Bangalore, alleging that her neighbor, Anil, has committed a serious assault. The complaint is not made by a Court.

Application of Section 225:

  1. Postponement of Process: The Magistrate in Bangalore receives the complaint and decides to postpone the issue of process against Anil to ensure there is sufficient ground to proceed.
  2. Inquiry or Investigation: The Magistrate may choose to inquire into the case himself or direct a police officer or another suitable person to investigate the matter.
  3. Examination of Complainant and Witnesses: Since the complaint was not made by a Court, the Magistrate examines Priya and any witnesses present on oath under section 223 before directing an investigation.
  4. Taking Evidence on Oath: During the inquiry, the Magistrate may take evidence of witnesses on oath to gather more information.
  5. Exclusivity of Court of Session: If the offence alleged by Priya is triable exclusively by the Court of Session, the Magistrate will call upon Priya to produce all her witnesses and examine them on oath instead of directing an investigation.
  6. Investigation by Non-Police Officer: If the Magistrate directs an investigation by a person who is not a police officer, that person will have all the powers of a police officer in charge of a police station, except the power to arrest without a warrant.