Section 231 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 231 – BNSS | Supply of copies of statements and documents to accused in other cases triable by Court of Session. Where, in a case instituted otherwise than on a police report, it appears to the Magistrate issuing process under section 227 that the offence is triable exclusively by the Court of Session, the Magistrate shall forthwith furnish to the accused, free of cost, a copy of each of the following:—(i) the statements recorded under section 223 or section 225, of all persons examined by the Magistrate;(ii) the statements and confessions, if any, recorded under section 180 or section 183;(iii) any documents produced before the Magistrate on which the prosecution proposes to rely:Provided that if the Magistrate is satisfied that any such document is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through an advocate in Court: Provided further that supply of documents in electronic form shall be considered as duly furnished.

Section 230 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 230 – BNSS | Supply to accused of copy of police report and other documents In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay, and in no case beyond fourteen days from the date of production or appearance of the accused, furnish to the accused and the victim (if represented by an advocate) free of cost, a copy of each of the following:—(i) the police report;(ii) the first information report recorded under section 173;(iii) the statements recorded under sub-section (3) of section 180 of all persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a request for such exclusion has been made by the police officer under sub-section (7) of section 193;(iv) the confessions and statements, if any, recorded under section 183;(v) any other document or relevant extract thereof forwarded to the Magistrate with the police report under sub-section (6) of section 193: Provided that the Magistrate may, after perusing any such part of a statement as is referred to in clause (iii) and considering the reasons given by the police officer for therequest, direct that a copy of that part of the statement or of such portion thereof as the Magistrate thinks proper, shall be furnished to the accused: Provided further that if the Magistrate is satisfied that any such document is voluminous, he shall, instead of furnishing the accused and the victim (if represented by anadvocate) with a copy thereof, may furnish the copies through electronic means or direct that he will only be allowed to inspect it either personally or through an advocate in Court: Provided also that supply of documents in electronic form shall be considered as duly furnished.

Section 229 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 229 – BNSS | Special summons in cases of petty offence. (1) If, in the opinion of a Magistrate taking cognizance of a petty offence, the case may be summarily disposed of under section 283 or section 284, the Magistrate shall, except where he is, for reasons to be recorded in writing of a contrary opinion, issue summons to the accused requiring him either to appear in person or by an advocate before the Magistrate on a specified date, or if he desires to plead guilty to the charge without appearing before the Magistrate, to transmit before the specified date, by post or by messenger to the Magistrate, the said plea in writing and the amount of fine specified in the summons or if he desires to appear by an advocate and to plead guilty to the charge through such advocate, to authorise, in writing, the advocate to plead guilty to the charge on his behalf and to pay the fine through such advocate: Provided that the amount of the fine specified in such summons shall not exceed five thousand rupees.(2) For the purposes of this section, “petty offence” means any offence punishable only with fine not exceeding five thousand rupees, but does not include any offence so punishable under the Motor Vehicles Act, 1988, or under any other law which provides for convicting the accused person in his absence on a plea of guilty.(3) The State Government may, by notification, specially empower any Magistrate to exercise the powers conferred by sub-section (1) in relation to any offence which is compoundable under section 359 or any offence punishable with imprisonment for a term not exceeding three months, or with fine, or with both where the Magistrate is of opinion that, having regard to the facts and circumstances of the case, the imposition of fine only would meet the ends of justice.

Section 228 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 228 – BNSS | Magistrate may dispense with personal attendance of accused (1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his advocate.(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner hereinbefore provided.

Section 227 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 227 – BNSS | Issue of process. (1) If in the opinion of a Magistrate taking cognizance of an offence there is sufficient ground for proceeding, and the case appears to be—(a) a summons-case, he shall issue summons to the accused for his attendance; or(b) a warrant-case, he may issue a warrant, or, if he thinks fit, a summons, for causing the accused to be brought or to appear at a certain time before such Magistrate or (if he has no jurisdiction himself) some other Magistrate having jurisdiction: Provided that summons or warrants may also be issued through electronic means.(2) No summons or warrant shall be issued against the accused under sub-section (1) until a list of the prosecution witnesses has been filed.(3) In a proceeding instituted upon a complaint made in writing, every summons or warrant issued under sub-section (1) shall be accompanied by a copy of such complaint.(4) When by any law for the time being in force any process-fees or other fees are payable, no process shall be issued until the fees are paid and, if such fees are not paid within a reasonable time, the Magistrate may dismiss the complaint.(5) Nothing in this section shall be deemed to affect the provisions of section 90

Section 226 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 226 – BNSS | Dismissal of complaint. If, after considering the statements on oath (if any) of the complainant and of the witnesses and the result of the inquiry or investigation (if any) under section 225, the Magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss the complaint, and in every such case he shall briefly record his reasons for so doing.

Section 225 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 225 – BNSS | Postponement of issue of process. (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.

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

Section 223 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 223 – BNSS | Examination of complainant (1) 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 shall be taken by the Magistrate withoutgiving 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—(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 also 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.(2) A Magistrate shall not take cognizance on a complaint against a public servant for any offence alleged to have been committed in course of the discharge of his official functions or duties unless—(a) such public servant is given an opportunity to make assertions as to the situation that led to the incident so alleged; and(b) a report containing facts and circumstances of the incident from the officer superior to such public servant is received.

Section 222 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 222 – BNSS | Prosecution for defamation. (1) No Court shall take cognizance of an offence punishable under section 356 of the Bharatiya Nyaya Sanhita, 2023 except upon a complaint made by some person aggrieved by the offence: Provided that where such person is a child, or is of unsound mind or is having intellectual disability or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the Court, make a complaint on his or her behalf.(2) Notwithstanding anything contained in this Sanhita, when any offence falling under section 356 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed against a person who, at the time of such commission, is the President of India, the Vice-President of India, the Governor of a State, the Administrator of a Union territory or a Minister of the Union or of a State or of a Union territory, or any other public servant employed in connection with the affairs of the Union or of a State in respect of his conductin the discharge of his public functions, a Court of Session may take cognizance of such offence, without the case being committed to it, upon a complaint in writing made by the Public Prosecutor.(3) Every complaint referred to in sub-section (2) shall set forth the facts which constitute the offence alleged, the nature of such offence and such other particulars as are reasonably sufficient to give notice to the accused of the offence alleged to have been committed by him.(4) No complaint under sub-section (2) shall be made by the Public Prosecutor exceptwith the previous sanction—(a) of the State Government,—(i) in the case of a person who is or has been the Governor of that State or a Minister of that Government;(ii) in the case of any other public servant employed in connection with the affairs of the State;(b) of the Central Government, in any other case.(5) No Court of Session shall take cognizance of an offence under sub-section (2) unless the complaint is made within six months from the date on which the offence is alleged to have been committed.(6) Nothing in this section shall affect the right of the person against whom the offence is alleged to have been committed, to make a complaint in respect of that offence before a Magistrate having jurisdiction or the power of such Magistrate to take cognizance of the offence upon such complaint.