BNSS Section 223 - Examination of complainant.

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—

• (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.