Section203
The Code of Criminal Procedure, 1973

Dismissal of complaint

Repealed From 01 Apr 1974 Act 2 of 1974 As on 14 Oct 2026

Act 2 of 1974 Ministry Home Affairs Enacted 25 Jan 1974 In force 01 Apr 1974 Cited by 1 provision

This provision is repealed. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024. It is reproduced because conduct before that date is still charged, tried and appealed under it.

Section 203 of the Code of Criminal Procedure, 1973 deals with dismissal of complaint. 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 c The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.

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,

CHAP

COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES CHAPTER XVI COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES

Section 203, The Code of Criminal Procedure, 1973 (Act 2 of 1974).

Now in the Bharatiya Nagarik Suraksha Sanhita

BNSS 226 Dismissal of complaint Close, with changes 84%

Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.

Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. Devendra Kishanlal Dagalia vs Dwarkesh Diamonds PVT LTD

    Supreme Court of India 25 Nov 2013 Binding (Supreme Court) Reportable 2013 (11) Scale 487 (Escorts Limited case cited, but primary order citation not provided in document)

    Court's Decision & Legal Precedent

    Once a Magistrate has examined a complaint, taken cognizance of an offence, and issued summons under Section 204 Cr.P.C., the Magistrate cannot thereafter recall or review that order by invoking Section 201 Cr.P.C. (which applies only to cases where the Magistrate is initially not competent to take cognizance). Relief post-issuance of summons must be sought before the High Court under Section 482 Cr.P.C. or Article 227 of the Constitution. Additionally, a complaint under Section 138 N.I. Act is maintainable at any court having territorial jurisdiction over any location where any one of the five essential components of the offence (drawing, presentation, dishonour, notice, and non-payment within 15 days) occurred, and the complainant has discretion to choose such a court.

    On this section: Allows Magistrate to dismiss complaint if no sufficient ground for proceeding exists after examination. Distinguished from recall of already-issued summons.

    Read the full order on eCourts India

  2. Udai Shankar Awasthi vs State of U. P

    Supreme Court of India 09 Jan 2013 Binding (SC) Reportable AIR 2013 SC (Reported as per case header marked REPORTABLE)

    Court's Decision & Legal Precedent

    Where a criminal complaint is filed many years after an alleged instantaneous offence (not a continuing offence), beyond the prescribed limitation period under Section 468 CrPC, without plausible explanation for delay, by a litigant who has exhausted all civil and arbitral remedies and lost therein, and where earlier complaints on substantially identical facts have been dismissed on merits, and where material facts such as earlier dismissals have been suppressed, the complaint constitutes an abuse of the process of court and is liable to be quashed under Section 482 CrPC, regardless of the gravity of the alleged offence or the availability in law to prosecute crimes after long periods. The court must protect innocent persons from harassment by unscrupulous litigants who seek to weaponize criminal proceedings as a tool for vengeance after civil defeat.

    On this section: Provides magistrate discretion to reject complaint if after inquiry it appears that prima facie case is not made out. Referenced regarding earlier dismissal of Complaint Case No. 4948 of 2009.

    Read the full order on eCourts India

  3. Priyanka Srivastava vs State of U. P.

    Supreme Court of India 19 Mar 2015 Binding (Supreme Court - Landmark Decision) Reportable Criminal Appeal No. 781 of 2012, Supreme Court of India, decided on 19th March, 2015

    Court's Decision & Legal Precedent

    In cases involving Section 156(3) CrPC applications, particularly in commercial disputes and debt recovery matters where statutory alternative remedies exist under special statutes like SARFAESI Act and Recovery of Debts due to Banks Act, a Magistrate must exercise strict judicial application of mind before ordering investigation. The Magistrate must: (1) Consider allegations in their entirety and nature, (2) Evaluate whether allegations remotely disclose cognizable offence, (3) Assess whether forwarding to police is conducive to justice, (4) Note dates of incidents and any abnormal delays in reporting, (5) Conduct preliminary enquiry in commercial dispute categories to verify credibility, (6) Consider legislative protections afforded to secured creditors under special acts like Section 32 SARFAESI Act, (7) Be vigilant against abuse of Section 156(3) as tool for harassment and extracting settlements. Mere mechanical order 'as per application' without stated reasons is erroneous. Applications under Section 156(3) should be supported by sworn affidavit from applicant, making applicant accountable for false allegations under Section 191 IPC. FIR registration, while mandatory under Section 154 upon cognizable offence information, does not mandate investigation if preliminary enquiry reveals lack of credibility. Criminal proceedings cannot be used to pressure financial institutions into favorable settlements in debt disputes where statutory forums (DRT/DRAT) exist for resolution.

    On this section: Dismissal of complaint; Referenced in context of accused rights to hearing in revision challenging dismissal

    Read the full order on eCourts India

  4. Sunil Mehta vs State of Gujarat

    Supreme Court of India 20 Feb 2013 Binding (Supreme Court) Reportable

    Court's Decision & Legal Precedent

    Evidence recorded during preliminary inquiry under Section 202 CrPC before the accused appears in court cannot be used to frame charges against the accused under Section 246 CrPC without fresh evidence being produced and recorded under Section 244 CrPC in the presence and with the opportunity of cross-examination by the accused. The accused has a fundamental right to cross-examine prosecution witnesses before charges are framed, as this right is essential for the accused to demonstrate that allegations are groundless and no case exists warranting framing of charges. The scheme and procedure of Chapter XV (dealing with complaints and preliminary inquiry) is distinct from Chapter XIX Part B (dealing with trial of warrant cases on private complaint), and evidence recorded at the preliminary stage cannot substitute for evidence properly recorded under Section 244 in the presence of the accused.

    On this section: Power to dismiss complaint if no sufficient ground for proceeding made out

    Read the full order on eCourts India

  5. K. L. Singh vs State of up

    Supreme Court of India 09 Jan 2013 Binding (SC) Reportable

    Court's Decision & Legal Precedent

    Criminal proceedings for offences alleged to have occurred in 1996, with the claim for damages being rejected in 2001 and communicated thereafter, cannot be initiated in 2011 (more than 9 years after rejection). The alleged offence of misappropriation/criminal breach of trust constitutes an instantaneous offence, not a continuing offence. The injury caused was complete on the date of rejection of the claim. Successive complaints on identical facts filed by frustrated litigants who have failed in civil and arbitration proceedings, after full consideration and dismissal of earlier complaints on merit, constitute abuse of process and are not maintainable under law. The courts must protect innocent persons from being harassed by unscrupulous persons through frivolous criminal complaints.

    On this section: Dismissal of complaint by Magistrate. Applied to show that earlier complaints were dismissed on merit after examination of witnesses.

    Read the full order on eCourts India

  6. Poonam Chand Jain vs Fazru

    Supreme Court of India 28 Jan 2010 Binding (SC) Reportable (2010) 2 SCC 765

    Court's Decision & Legal Precedent

    A second criminal complaint on substantially identical facts cannot be entertained after the first complaint has been dismissed on merits, unless exceptional circumstances exist. The exceptional circumstances are limited to: (a) previous order passed on incomplete record; (b) previous order passed on misunderstanding of nature of complaint; (c) previous order being manifestly absurd, unjust or foolish; or (d) new facts which could not with reasonable diligence have been brought on record in previous proceedings. The complainant cannot adduce some evidence before dismissal and then present more evidence through a second complaint. Suppression of material facts (such as earlier complaint and its dismissal) in filing second complaint strengthens the ground for rejection. The principle has been consistently held since Pramatha Nath Talukdar (1962) and is settled law applicable uniformly.

    On this section: Section 203 provides that a Magistrate can dismiss complaint after enquiry if no sufficient ground for proceeding. Dismissal under this section on merits is a bar to second complaint except in exceptional circumstances.

    Read the full order on eCourts India

  7. Ranvir Singh vs State of Haryana

    Supreme Court of India 01 Sep 2009 Binding Precedent (Supreme Court) for all Indian Courts Reportable

    Court's Decision & Legal Precedent

    A second complaint on the same cause of action and between the same parties is legally maintainable even after dismissal of an earlier complaint, provided the earlier complaint was dismissed not on merits following inquiry under Section 202-203 CrPC, but on account of procedural default by the complainant such as failure to pay process fees. The bar to entertaining a second complaint applies only when the first complaint has been dismissed on merits after a full inquiry by the Magistrate, except in the exceptional circumstances enumerated in Pramatha Nath Talukdar v. Saroj Ranjan Sarkar (AIR 1962 SC 876), namely: (i) where the previous order was passed on an incomplete record; (ii) on a misunderstanding of the nature of the complaint; (iii) where it was manifestly absurd, unjust, fallacious or false; or (iv) where new facts which could not with reasonable diligence have been brought on record in the previous proceeding have been adduced. When a complaint is dismissed merely for procedural default and not on merits, a fresh complaint on the same facts is permissible as it is a different action from attempting to recall or review the earlier order of dismissal, which is prohibited under Section 362 CrPC.

    On this section: Dismissal of complaint after inquiry; interpreted to determine conditions under which bar to second complaint applies

    Read the full order on eCourts India

  8. Raghu Raj Singh Rousha vs Shivam Sundaram Promoters(p)l

    Supreme Court of India 17 Dec 2008 Binding (SC) Reportable

    Court's Decision & Legal Precedent

    Where an order passed by a lower court in criminal proceedings is sought to be revised before the High Court under Sections 397 and 401 of the Criminal Procedure Code, and the proposed order would prejudice the accused or any person, that person has a fundamental right to be heard before such order is passed, regardless of whether the proceedings are at the pre-cognizance or post-cognizance stage. The phrase 'accused or other person' in Section 401(2) CrPC encompasses anyone adversely affected by the High Court's decision, and the principle of natural justice (audi alteram partem) is applicable to all proceedings before the High Court, including criminal revision petitions at pre-summoning stages.

    On this section: Materials to be considered and circumstances where Magistrate may dismiss complaint after inquiry

    Read the full order on eCourts India

  9. Gangadhara Shastry vs State by Honnavara Police Station

    High Court 01 Feb 2019 Persuasive (Other High Court)

    Court's Decision & Legal Precedent

    Proceedings against supplementary accused under Section 319 CrPC require more than prima facie case but short of conviction-level satisfaction. Mere professional advice by advocates or astrologers, family relationships, or general allegations of conspiracy without direct evidence of participation in the alleged extortion scheme do not constitute sufficient grounds to proceed against supplementary accused. Proceeding against such accused amounts to abuse of process of court and warrants quashing of proceedings under Section 482 CrPC. However, if during trial evidence surfaces against them meeting the Section 319 CrPC threshold, trial court may summon them.

    On this section: Dismissal of complaint if no sufficient ground for proceeding

    Read the full order on eCourts India

  10. Bhola Ram vs Amrik Singh

    High Court 14 Mar 2012 Persuasive (Other High Court)

    Court's Decision & Legal Precedent

    When a revisional court under Section 398 Cr.P.C. sets aside an order of discharge, it can only direct the trial court to make further enquiry into the case after giving notice to the discharged person. The revisional court cannot directly frame charges. After further enquiry, the trial court may either discharge the accused or frame charges for offences that may be prima facie made out upon the evidence on record, in accordance with Section 245 Cr.P.C.

    On this section: Referenced in Section 398 as one of the grounds for dismissal of complaints that can be subject to revisional enquiry.

    Read the full order on eCourts India

  11. Rashmi Srivastav vs State

    High Court 17 Oct 2006 Persuasive (Other HC) WP (Crl.) No. 2402/2006, Delhi High Court, 17.10.2006

    Court's Decision & Legal Precedent

    When a complainant's information is laid with the police but no action is taken, the complainant must approach the concerned Magistrate under Section 190 read with Section 200 CrPC rather than seeking writ jurisdiction from the High Court. The High Court cannot exercise writ jurisdiction to direct police to register an FIR; this is the exclusive domain of the Magistrate who can enquire into the complaint and direct investigation if prima facie case is established.

    On this section: Empowers Magistrate to dismiss complaint if no offence is disclosed; cited as part of Magistrate's powers in complaint enquiry

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Judgments citing this section

These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.

  1. Supreme Court of India 17 Mar 2023 SCIN010073642022

    … The precise observations made in para 48 thereof may be reproduced hereunder : " 48. Under the Code of Criminal Procedure the subject of "complaints to Magistrates" is dealt with in Chapter XVI of the Code of Criminal Procedure. The provisions relevant for the purpose of this case are Sections 200, 202 and 203. Section 200 deals with examination of complainants and Sections 202, 203 and 204 with the powers of the Magistrate in regard to the dismissal of complaint or the issuing of process. The scope and extent of Sections 202 and 203 were laid down in Vadilal Panchal v. Dattatraya Dulaji Gha Digaonkar [Vadilal Panchal v. …

    Read this order on eCourtsIndia

  2. Supreme Court of India 17 Mar 2023 SCIN010269822021

    … The precise observations made in para 48 thereof may be reproduced hereunder : " 48. Under the Code of Criminal Procedure the subject of "complaints to Magistrates" is dealt with in Chapter XVI of the Code of Criminal Procedure. The provisions relevant for the purpose of this case are Sections 200, 202 and 203. Section 200 deals with examination of complainants and Sections 202, 203 and 204 with the powers of the Magistrate in regard to the dismissal of complaint or the issuing of process. The scope and extent of Sections 202 and 203 were laid down in Vadilal Panchal v. Dattatraya Dulaji Gha Digaonkar [Vadilal Panchal v. …

    Read this order on eCourtsIndia

  3. Supreme Court of India 17 Mar 2023 SCIN010021642022

    … The precise observations made in para 48 thereof may be reproduced hereunder : " 48. Under the Code of Criminal Procedure the subject of "complaints to Magistrates" is dealt with in Chapter XVI of the Code of Criminal Procedure. The provisions relevant for the purpose of this case are Sections 200, 202 and 203. Section 200 deals with examination of complainants and Sections 202, 203 and 204 with the powers of the Magistrate in regard to the dismissal of complaint or the issuing of process. The scope and extent of Sections 202 and 203 were laid down in Vadilal Panchal v. Dattatraya Dulaji Gha Digaonkar [Vadilal Panchal v. …

    Read this order on eCourtsIndia

Questions about Section 203

What have the courts held on Section 203 of the Code of Criminal Procedure?

Devendra Kishanlal Dagalia vs Dwarkesh Diamonds PVT LTD (25 Nov 2013) is the leading judgment on this section among those set out below: Allows Magistrate to dismiss complaint if no sufficient ground for proceeding exists after examination. Distinguished from recall of already-issued summons. Another 10 judgments on this section are set out below, 8 of them from the Supreme Court. They run from 2006 to 2019.

How do I find court cases under Section 203 of the Code of Criminal Procedure?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 203, section 203 CRPC, section 203 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 11 reported judgments on this section are set out on this page, beginning with Devendra Kishanlal Dagalia vs Dwarkesh Diamonds PVT LTD (25 Nov 2013).

What should I read with Section 203 of the Code of Criminal Procedure, and has it changed?

Its own text turns on section 202 (Postponement of issue of process), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 226 (Dismissal of complaint), which replaced it; conduct before that date is still charged, tried and appealed under this section.

When did Section 203 of the Code of Criminal Procedure come into force?

Section 203 of the Code of Criminal Procedure, cited as CRPC 203, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.