A.
Dear Client,
Under Section 200 of the Code of Criminal Procedure (CrPC), the accused in a private complaint case did not participate in the proceedings until the court issued a process, either a summons or a warrant. Section 223(1) of the BNSS, 2023 requires that a notice be issued to the accused at the pre-cognizance stage, following the proviso that no Magistrate shall take cognisance of an offence under clause (a) of sub-section (1) unless the accused has been given an opportunity of being heard. Section 223 of BNSS outlines the procedure for a Magistrate to take cognizance of an offence. Upon receiving a complaint, the Magistrate shall examine the complainant and any witnesses present. This examination is conducted under oath, and the substance of the examination is documented and signed by the complainant, witnesses, and the Magistrate. If the Magistrate finds sufficient grounds for proceeding with the case, he may issue a summons or warrant to the accused under Section 227 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023. So, upon receiving a pre-cognizance notice directing an accused to appear before a Magistrate who takes cognizance of an offense, the accused should immediately seek legal advice from a qualified criminal lawyer to understand their rights and obligations, the nature of the allegations, and the potential consequences.
Posted On 27-Mar-2025
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