Section 225 of BNSS

Source: Supreme Court

Why in News? 

A bench of the Supreme Court of India comprising Justice MM Sundresh and Justice Prasanna B Varale, in the case of Rajeev Mehta @ Rajiv Kishor Kirtilal Mehta v. Param Bir Singh (2026), held that where an accused resides outside the territorial jurisdiction of the Magistrate taking cognizance of a complaint, the Magistrate is statutorily obligated to either conduct an inquiry himself or direct an investigation under Section 225 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) before issuing process.  

• The court set aside the Punjab and Haryana High Court's judgment to the extent it upheld the Magistrate's decision to proceed against the accused without compliance with Section 225 BNSS.

What was the Background of Rajeev Mehta v. Param Bir Singh (2026) Case? 

• A criminal complaint was filed before a Magistrate against the appellant, who was admittedly residing outside the territorial jurisdiction of that court. 
• The appellant challenged the proceedings on two principal grounds: first, that the Magistrate lacked territorial jurisdiction; and second, that the mandatory procedure prescribed under Section 225 BNSS was not followed before the Magistrate exercised his power of examination of complaint under Section 223 BNSS. 
• The jurisdictional objection was raised before the Punjab and Haryana High Court, but was not adjudicated upon. 
• The High Court upheld the proceedings without insisting on compliance with Section 225 BNSS, prompting the appellant to approach the Supreme Court.

What were the Court's Observations? 

The court made the following key observations: 

Section 225 BNSS is Mandatory, Not Directory: 

• Where a Magistrate, upon receipt of a complaint, is satisfied that the accused resides outside the area of his territorial jurisdiction, he is mandatorily required to invoke Section 225 BNSS. 
• The Magistrate cannot directly issue process or proceed under Section 223 BNSS without first conducting an inquiry or directing an investigation as required under Section 225 BNSS. 

High Court Erred in Upholding Non-Compliance: 

• The Supreme Court held that the High Court committed an error in ignoring the non-compliance of Section 225 BNSS while the accused was admittedly residing outside the Magistrate's territorial jurisdiction. 
• Accepting the High Court's reasoning would render Section 225 BNSS otiose and redundant — a result impermissible in statutory interpretation. 

Remand for Adjudication on Jurisdiction: 

• The appeal was allowed and the matter was remitted to the High Court to decide the unresolved issue of the Magistrate's territorial jurisdiction afresh.

What is Section 225 of the BNSS? 

Section 225 BNSS — Postponement of Issue of Process: 

Who Can Exercise This Power: 

• Any Magistrate authorised to take cognizance of the offence. 
• Also applies where complaint has been made over to him under Section 212.

Core Power — Postponement of Process: 

• On receipt of a complaint, Magistrate may postpone issuing process against the accused. 
• Postponement is discretionary in general cases. 
• Postponement is mandatory (shall) when accused resides outside the Magistrate's territorial jurisdiction. 

After postponement, Magistrate may either: 

• Inquire into the case himself, or 
• Direct investigation by a police officer or any other suitable person. 

Purpose: To decide whether sufficient ground exists to proceed against the accused. 

Proviso — Bar on Directing Investigation: 

Investigation cannot be directed in two situations: 

• Where offence is triable exclusively by the Court of Session. 
• Where complaint is not made by a Court, unless:  
  • Complainant has been examined on oath under Section 223, and 
  • Witnesses present (if any) have also been examined on oath.

Taking Evidence During Inquiry (Sub-section 2): 

• Magistrate may take evidence of witnesses on oath — discretionary. 
• Exception (mandatory): If offence is exclusively triable by Sessions Court → Magistrate shall call all complainant's witnesses and examine them on oath.

Powers of Non-Police Investigator (Sub-section 3): 

• A non-police person directed to investigate gets all powers of an officer-in-charge of a police station. 
• One exception: No power to arrest without warrant.

CrPC Equivalent: 

• Section 225 BNSS = Section 202 CrPC 
• Key addition in BNSS: Mandatory postponement when accused is beyond territorial jurisdiction is made a clearer statutory obligation.