Section 225 BNSS: Postponement of issue of process (Formerly Section 202 CrPC)

Section 225 of Bharatiya Nagarik Suraksha Sanhita, 2023: Postponement of issue of process

Official Bare Act Text

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

(1) Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 212, may, if he thinks fit, and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction, postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding:

Provided that no such direction for investigation shall be made,—

(a) where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session; or

(b) where the complaint has not been made by a Court, unless the complainant and the witnesses present (if any) have been examined on oath under section 223.

(2) In an inquiry under sub-section (1), the Magistrate may, if he thinks fit, take evidence of witnesses on oath:

Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath.

(3) If an investigation under sub-section (1) is made by a person not being a police officer, he shall have for that investigation all the powers conferred by this Sanhita on an officer in charge of a police station except the power to arrest without warrant.

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

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 225

Section 225 of the Bharatiya Nagarik Suraksha Sanhita, 2023 regulates the postponement of issue of process and mandatory magisterial inquiry when the accused resides beyond jurisdiction.

Inquiry & Trial Mechanism: Section 225 provides that any Magistrate, on receipt of a complaint of an offence of which they are authorized to take cognizance, may, if they think fit, postpone the issue of process against the accused, and either inquire into the case themselves or direct an investigation to be made by a police officer.
Sub-Section (1) Provision: Sub-section (1) makes inquiry or investigation mandatory in all cases where the accused resides at a place beyond the area in which the Magistrate exercises jurisdiction, preventing harassment of outstation defendants.

Key Landmark Precedents:

Vijay Dhanuka v. Najima Mamtaj (2014) 14 SCC 638: The Supreme Court held that the postponement of process and holding of an inquiry under Section 202 CrPC (Sec 225 BNSS) is mandatory when the accused resides beyond the territorial jurisdiction of the Magistrate.
Abhijit Pawar v. Hemant Madhukar Nimbalkar (2017) 3 SCC 528: Affirmed that issuing summons to an outstation accused without conducting the mandatory inquiry or investigation is an incurable jurisdictional defect rendering the summoning order void.

Legal Commentary:

Section 225 protects citizens and corporate directors residing in other states or districts from being arbitrarily dragged into distant criminal courts. Defense practitioners should immediately petition for quashing under Section 528 if a Magistrate issues process against an outstation accused without complying with the mandatory Section 225 inquiry.