BNSS Section 223: Examination of the Complainant and Hearing the Accused Before Cognizance (CrPC 200 Mapping) (2026)
What Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 requires: the Magistrate examines the complainant and witnesses on a complaint, and must now give the accused an opportunity of being heard before taking cognizance. How it maps to Section 200 of the old CrPC. Last verified October 2026.
Explainer · Criminal Procedure · BNSS
When a person brings a private complaint before a Magistrate, the Magistrate first examines the complainant and the witnesses. Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) sets out this step, and adds something new: the Magistrate must give the accused an opportunity of being heard before taking cognizance. Section 223 carries forward Section 200 of the old Code of Criminal Procedure, 1973 (CrPC), with that significant addition. It is a procedure provision, so it creates no offence and carries no punishment of its own. This explainer sets out what it requires, the new proviso and the debate around it, and how it maps to the old law. Last verified October 2026.
- What it is: Section 223 of the BNSS requires a Magistrate on a complaint to examine the complainant and witnesses on oath before proceeding.
- The new proviso: no cognizance shall be taken without giving the accused an opportunity of being heard.
- Old section: it carries forward Section 200 of the CrPC, which had no hearing for the accused.
- Not the same as cognizance: the routes to cognizance are in Section 210 (old Section 190); Section 223 is the complaint examination step.
- Open question: courts are still settling when the accused must be heard, before or after the complainant is examined.
01Where this step fits
Not every criminal case comes through the police. A private person can bring a complaint directly to a Magistrate. But a complaint cannot go straight to summons. The Magistrate first has to test it, by examining the complainant and the witnesses on oath. That is the work of Section 223.
This step is a filter. It is meant to stop a baseless complaint from turning into a summons that drags a person to court. Under the old law this filter examined only the complainant's side. The BNSS adds a voice for the accused before cognizance is taken.
People searching for "section 200 crpc in bnss" are looking for Section 223.
02What Section 223 requires
Section 223 requires a Magistrate who takes cognizance of an offence on a complaint to examine, on oath, the complainant and the witnesses present. The substance of the examination carries over from the old law:
- the Magistrate examines the complainant and the witnesses present on oath;
- the substance of that examination is reduced to writing and signed by the complainant, the witnesses, and the Magistrate;
- the Magistrate then decides whether there is ground to proceed, before any process is issued to the accused.
The wording of the trigger shifted slightly. Where the old Section 200 spoke of "a Magistrate taking cognizance of an offence", Section 223(1) speaks of "a Magistrate having jurisdiction while taking cognizance of an offence".
Under the BNSS, the accused gets a voice before a complaint turns into cognizance. That is the real change in Section 223.
Section 223 is a procedure provision. It creates no offence and has no sentence of its own.
03The new proviso: hearing the accused
The first proviso to Section 223(1) says that no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard. This is new. Section 200 of the CrPC had no such requirement, and the Supreme Court has noted that a proviso of this kind does not appear in the old Section 200.
High Courts have called this a significant departure, even a radical change. Under the old regime, the accused had no role at this stage: the Magistrate examined the complaint and, if satisfied, took cognizance and issued summons. Now the accused must be heard first.
A carve out for cheque cases
For complaints under Section 138 of the Negotiable Instruments Act, the Supreme Court in A.C. Narayanan v. State of Maharashtra had held that a Magistrate may proceed on the complaint, documents, and the complainant's affidavit, without necessarily examining the complainant in person. This is an important carve out for cheque dishonour complaints.
04Old law to new law: CrPC 200
Section 223 of the BNSS carries forward Section 200 of the old CrPC, the examination of the complainant, and adds the new proviso to hear the accused.
| Subject | Old law (CrPC, 1973) | New law (BNSS, 2023) |
|---|---|---|
| Examination of complainant on a complaint | Section 200 | Section 223 |
| Opportunity to the accused before cognizance | No equivalent | Section 223(1) first proviso, new |
Do not confuse this with the cognizance provision itself. The three routes by which a Magistrate takes cognizance are in Section 210 of the BNSS (old Section 190). Section 223 is the step that follows when the route chosen is a private complaint.
05What changed and the open questions
The core examination of the complainant is the same as under Section 200 of the CrPC. The clear change is the new proviso giving the accused an opportunity to be heard before cognizance.
How this proviso works in practice is still being settled. The main open question is the sequence. One argument is that the accused must be heard before the complainant's statement is recorded. The reading supported by the Kerala and Delhi High Courts is that the Magistrate first examines the complainant and witnesses on oath, and only then gives the accused a hearing. A Gauhati High Court decision has quashed notices issued to the accused before the complainant and witnesses were examined. The meaning of "opportunity to be heard" is also not fully defined yet.
For the cognizance step that Section 223 follows, see the investigation route under Section 175, which is the other main way a case reaches the Magistrate.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Section 223 is law still taking shape, and the sequencing question is being answered High Court by High Court. Claw lets you search more than 30 crore judgments in under five seconds for the newest rulings on hearing the accused before cognizance and on the carve-out for cheque cases. It also tracks cases, orders and hearings across 9,102 courts, benches and forums, so a private complaint can be followed by party or advocate name from the examination stage to the issue of summons. Open a free Claw account to keep this fast-moving case law beside your own complaints. Research across every court begins at the case search across Indian courts hub.
Claw is built for research and tracking, not to replace counsel, and it does not use customer case documents to train its AI models.
07Sources and further reading
- India Code (official text of the BNSS, 2023): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- Kerala High Court on Section 223 BNSS (report): livelaw.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text of Section 223 and take advice from counsel before you act.
08Frequently asked questions
What is Section 223 of the BNSS?
Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 requires a Magistrate who takes cognizance of an offence on a complaint to examine the complainant and the witnesses present on oath. Its first proviso adds that no cognizance can be taken without giving the accused an opportunity of being heard.
Which old section does Section 223 BNSS replace?
It carries forward Section 200 of the Code of Criminal Procedure, 1973, the examination of the complainant. The key addition is the new proviso requiring the accused to be heard before cognizance, which was not in Section 200.
Must the accused be heard before cognizance under Section 223?
Yes. The first proviso to Section 223(1) says no cognizance shall be taken without giving the accused an opportunity of being heard. High Courts have called this a significant departure from the old Section 200, which gave the accused no role at this stage.
Does Section 223 apply to cheque bounce complaints under Section 138 NI Act?
Section 223 governs the examination of the complainant, but for Section 138 NI Act complaints the Supreme Court has held, in A.C. Narayanan, that a Magistrate may proceed on the complaint, documents, and the complainant's affidavit without necessarily examining the complainant in person. Confirm the current position, which is still developing.
Does Section 223 carry any punishment?
No. Section 223 is a procedure provision, not an offence. It has no sentence of its own. It only governs how a complaint is examined before a Magistrate takes cognizance.
Can I track a complaint case under Section 223 in Claw?
Yes. With a free Claw account you can follow a Section 223 complaint across 9,102 courts, benches and forums by party or advocate name, and search over 30 crore judgments in under five seconds on the hearing-the-accused question. Claw does not give legal advice.