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When The Police Do Not Act: Private Complaints And Their Examination Under The BNSS

Volume
3
Issue
1
Pages
1071-1078
Published
Oct 2026
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Abstract

A person who believes an offence has been committed, but finds the police unwilling to act, may approach a Magistrate directly through a private complaint. This paper examines how such complaints are handled under the Bharatiya Nagarik Suraksha Sanhita, 2023, which came into force on 1 July 2024. It explains cognizance under Section 210, the examination of the complainant under Section 223, the postponement of process and inquiry under Section 225, dismissal under Section 226 and the issue of process under Section 227. It gives particular attention to the new requirement in the first proviso to Section 223(1) that the accused be heard before cognizance is taken, discussing Parvinder Singh v. Directorate of Enforcement (2026) and Sanjabij Tari v. Kishore S. Borcar (2025). It also covers the alternative route through Sections 173(4) and 175(3), with reference to Priyanka Srivastava v. State of Uttar Pradesh (2015), and the caution required before summoning an accused as stressed in Pepsi Foods Ltd. v. Special Judicial Magistrate (1998). The paper argues that a private complaint should neither be ignored without consideration nor accepted without examination.

Authors
RC
Raveenadevi C K
Keywords
Private ComplaintsBNSSCognizanceSection 223Pre-Cognizance HearingMagistrateSection 175(3)Criminal Procedure
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