Section 223 - Examination of complainant

Cognizance on complaint requires oral examination, written record and opportunity for accused; extra safeguards apply for public servants.

A Magistrate taking cognizance on complaint must examine the complainant and witnesses on oath, reduce the substance of examination to writing and obtain signatures; the accused must be given an opportunity to be heard. When complaints are written, oral examination is unnecessary in specified situations including complaints by public servants or Courts or when the case is transferred. For complaints against public servants acting in official capacity, the public servant must be allowed to explain the circumstances and a report from the officer superior containing facts and circumstances must be received before cognizance is taken.