BNSS Section 223: Examination of complainant

CrPC Section 200 is covered by BNSS Section 223.

1. BNSS 223CrPC: 200Changed

   Examination of complainant.

   The newly added first proviso to Section 223(1) provides that no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard. A new sub-section (2) of Section 223 provides that a Magistrate shall not take cognizance on a complaint against a public servant for any offence alleged to have been committed in the course of the discharge of his official functions or duties unless—(a) such public servant is given an opportunity to make assertions as to the situation that led to the incident so alleged; and (b) a report containing facts and circumstances of the incident from the officer superior to such a public servant is received.

Source: Correspondence Table and Comparison Summary of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) to the Code of Criminal Procedure, 1973 (CrPC), Central Academy for Police Training (CAPT), Bhopal — prepared by Anil Kishore Yadav, IPS, Director (PDF hosted on keralaprisons.gov.in). Check the bare act before relying on a section in court.