1. State the Code

Section 203 of the Code of Criminal Procedure, 1973 (CrPC) deals with the dismissal of complaints.

2. Explain it

This section empowers a Magistrate to dismiss a complaint if:

• The complaint is frivolous or vexatious;
• The complaint is made with an intent to harass or injure the accused;
• The complaint discloses no offence or no reasonable ground to suspect that an offence has been committed;
• The complaint is barred by any law for the time being in force;
• The complaint is for an offence which is not triable by the Magistrate.

3. Illustrate it

Imagine a scenario where a person files a complaint against another for stealing a pen worth ₹10. The Magistrate, after examining the complaint, finds it frivolous and vexatious as the value of the stolen item is insignificant. In this case, the Magistrate can dismiss the complaint under Section 203 CrPC.

4. Common Questions and Answers

• Q: What is the difference between a complaint and a FIR?A: A complaint is a written statement submitted to a Magistrate, while an FIR is a written report filed with the police.
• Q: Can a Magistrate dismiss a complaint even if the accused is present?A: Yes, a Magistrate can dismiss a complaint even if the accused is present if the grounds for dismissal are met.
• Q: What happens if a complaint is dismissed under Section 203 CrPC?A: Dismissal of a complaint under Section 203 CrPC does not bar the complainant from filing a fresh complaint or a private complaint. However, the complainant may have to face the consequences of frivolous litigation.