Section 203 CrPC: Dismissal of complaint

Chapter XV

Complaint procedure, dismissal of complaint, judicial discretion, magistrate's power, no sufficient ground, pre-summoning inquiry, prima facie case, recording reasons

New Law Update (2024)

Section 236 BNSS

TRIAL COURT

Magistrate

Punishment

Procedural – Investigation / Inquiry

Cognizable?

Bailable?

Compoundable?

Bare Act Text

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 202, 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.

Important Sub-Sections Explained

Landmark Judgements

P. Vijayan v. State of Kerala (2010):

The Supreme Court clarified that the Magistrate’s inquiry under Section 202, leading to a possible dismissal under Section 203, is not meant to meticulously weigh evidence or conduct a trial. The purpose is merely to ascertain whether there is sufficient ground for proceeding, i.e., a prima facie case exists, without delving into a detailed appreciation of defence evidence.

Mehmood Ul Rehman v. Kh. Mahfooz Ali (2012):

The Supreme Court reiterated that the object of the inquiry under Section 202 is to find out whether there is a prima facie case against the person accused of the offence and to safeguard innocent persons from being harassed by unscrupulous persons instituting vexatious complaints. If no sufficient ground for proceeding is found, the complaint must be dismissed.

Pooja Gupta v. Y.K. Garg (2007):

The Supreme Court emphasized the mandatory nature of recording reasons for dismissal under Section 203. It held that merely stating ‘no sufficient grounds’ is inadequate; the Magistrate must briefly indicate the reasoning behind such a conclusion.

Chapter XV