Code: Section 226 BNSS
Dismissal Of Complaint.
226.
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 the 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.
Explanation of Section 226 BNSS
Section 226 of the BNSS provides the procedure for a Magistrate to dismiss a complaint if, after reviewing the statements on oath of the complainant and witnesses, as well as the outcome of any inquiry or investigation (under Section 225), the Magistrate determines that there is insufficient ground to proceed with the case. In such instances, the Magistrate is required to record the reasons for dismissing the complaint, ensuring transparency in the decision-making process.
Illustration
Example 1: Dismissal After Review of Evidence
A complainant files a case, and the Magistrate considers the complainant’s statement on oath, the testimony of witnesses, and the results of an investigation. After careful review, the Magistrate finds no sufficient grounds to proceed and dismisses the case, providing a brief explanation for the decision.
Example 2: Insufficient Grounds for Legal Action
The Magistrate reviews all materials presented, including the investigation results, and determines that the evidence does not support the initiation of formal legal proceedings. The case is dismissed, with the reasons for dismissal clearly recorded.
Common Questions and Answers on Section 226 BNSS
1. When can a Magistrate dismiss a complaint under Section 226?
- Answer: A Magistrate may dismiss the complaint if, after considering the complainant’s and witnesses’ statements under oath, and the results of the investigation or inquiry, there are no sufficient grounds to proceed with the case.
2. Is the Magistrate required to provide reasons for dismissing a complaint?
- Answer: Yes, the Magistrate must briefly record the reasons for dismissing the complaint, ensuring transparency in the decision-making process.
3. What happens after the complaint is dismissed?
- Answer: After the dismissal, the case is closed unless new evidence comes to light or the complainant files a new complaint.
Conclusion
Section 226 of the BNSS ensures that complaints are reviewed thoroughly before proceeding with formal legal action. If the Magistrate finds that there is insufficient evidence or no grounds for proceeding, the case will be dismissed, but the Magistrate must document the reasoning for this decision, promoting fairness and accountability in the legal process.