Correct option is B
When a Magistrate examines the complainant and the witnesses after a complaint is filed, the Magistrate is conducting an inquiry under the BNSS. This process is meant to determine whether there is sufficient ground for proceeding with the case and is distinct from an investigation or trial.
Information Booster:
Inquiry under the BNSS is defined as a stage that occurs after a complaint is made but before a formal trial begins. The objective of the inquiry is for the Magistrate to decide whether the case should proceed to trial. During this phase, the Magistrate examines the complainant and witnesses, collects information, and determines whether there is a prima facie case to issue process (summons or warrant) against the accused.
· Section 223 of BNSS deals with the examination of the complainant and witnesses when a complaint is filed before a Magistrate. This step is part of the inquiry process, aimed at ascertaining whether there is sufficient evidence to justify further proceedings.
· An inquiry is a judicial process and is different from an investigation, which is conducted by the police or other law enforcement agencies to gather facts and evidence.
· An inquiry is also distinct from a trial, where the guilt or innocence of the accused is determined based on the evidence presented by both parties.
Additional Knowledge:
1. Investigation (Option a): An investigation is conducted by the police or another investigative agency to gather evidence related to the offense. It includes activities such as questioning witnesses, collecting physical evidence, and preparing a report. The Magistrate does not conduct investigations; their role is to evaluate the evidence gathered during the investigation in later stages. Therefore, Option (a) is incorrect.
2. Trial (Option c): A trial begins after charges are framed and both the prosecution and defense present their evidence and arguments. The Magistrate's role in the trial is to weigh the evidence and determine the guilt or innocence of the accused. However, at the stage of examining the complainant and witnesses, the Magistrate is not conducting a trial but is rather conducting an inquiry to determine whether the case should proceed to trial. Hence, Option (c) is incorrect.
