Section 224 BNSS: Procedure by Magistrate not competent to take cognizance of case (Formerly Section 201 CrPC)

Section 224 of Bharatiya Nagarik Suraksha Sanhita, 2023: Procedure by Magistrate not competent to take cognizance of case

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

If the complaint is made to a Magistrate who is not competent to take cognizance of the offence, he shall,—

(a) if the complaint is in writing, return it for presentation to the proper Court with an endorsement to that effect;

(b) if the complaint is not in writing, direct the complainant to the proper Court.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Complaint Sec 2(1)(d) Investigation Sec 2(1)(h)

Legal Commentary & Landmark Judgments: Section 224

Section 224 prescribes the procedure when a complaint is made to a Magistrate who is not competent to take cognizance of the case, mandating endorsement and return of the complaint for presentation to the proper court.

Incompetence of Magistrate: Magistrate lacks territorial jurisdiction or subject-matter competence to take cognizance.
Written Complaint Return: If the complaint is in writing, Magistrate SHALL return it for presentation to the proper court with an endorsement to that effect.
Oral Complaint Redirection: If complaint is not in writing, Magistrate directs the complainant to the proper court.

Key Landmark Precedents:

Trisuns Chemical Industry v. Rajesh Agarwal (1999) 8 SCC 686: The Supreme Court held that if a magistrate discovers lack of territorial jurisdiction before taking cognizance, the proper course is to return the complaint under Section 201 CrPC (Section 224 BNSS), rather than dismissing it.
Rajendra Kumar Sitaram Pande v. Uttam (1999) 3 SCC 134: Affirmed that returning a complaint for presentation to the proper court does not prejudice the merits.

Courtroom Practice & Strategic Litigation Guidance:

If the magistrate concludes they have no territorial jurisdiction, pray for an endorsement and return under Section 224 rather than dismissal. The complainant can immediately refile the endorsed document before the jurisdictional court without loss of limitation.