A Magistrate having jurisdiction while taking cognizance of an offence on
complaint shall examine upon oath the complainant and the witnesses present, if any, and
the substance of such examination shall be reduced to writing and shall be signed by the
complainant and the witnesses, and also by the Magistrate:
Provided that no cognizance of an offence under this section shall be taken by the
Magistrate without giving the accused an opportunity of being heard:
Provided further that, when the complaint is made in writing, the Magistrate need not
examine the complainant and the witnesses\u2014
(a) if a public servant acting or purporting to act in the discharge of his official
duties or a Court has made the complaint; or
(b) if the Magistrate makes over the case for inquiry or trial to another Magistrate
under section 212:
Provided further that if the Magistrate makes over the case to another Magistrate
under section 212 after examining the complainant and the witnesses, the latter Magistrate
need not re-examine them:
Provided further that in case of a complaint against a public servant, the Magistrate
shall comply with the procedure provided in section 217.<\/p>\n","protected":false},"excerpt":{"rendered":"
A Magistrate having jurisdiction while taking cognizance of an offence oncomplaint shall examine upon oath the complainant and the witnesses present, if any, andthe substance of such examination shall be reduced to writing and shall be signed by thecomplainant and the witnesses, and also by the Magistrate:Provided that no cognizance of an offence under this […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"fifu_image_url":"","fifu_image_alt":"","footnotes":""},"categories":[32],"tags":[125,124,134,132,130,136,137,126,127,123,129,128,133,111,135,112,121,122,113,114,131],"class_list":["post-1663","post","type-post","status-publish","format-standard","category-bharatiya-nagarik-suraksha-sanhita-bnss","tag-bharatiya-nagarik-suraksha-sanhita-2023","tag-bhartiya-nagrik-suraksha-sanhita","tag-bnss-2024-india","tag-bnss-all-sections","tag-bnss-bare-act","tag-bnss-chapter-wise-sections","tag-bnss-fir-section","tag-bnss-full-form","tag-bnss-pdf-download","tag-bnss-sections-in-hindi","tag-bnss-sections-list","tag-bnss-vs-crpc","tag-crpc-replaced-by-bnss","tag-expert-vakil","tag-expert-vakil-bnss","tag-expertvakil","tag-indian-kanoon","tag-indiankanoon","tag-ishan-tathagat","tag-ishantathagat","tag-new-criminal-law-india"],"yoast_head":"\n