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Magistrate Not Empowered To Take Cognisance Of Offence U/S 358 BNSS: Delhi High Court

15 Sep 2025 3 min read
Magistrate Not Empowered To Take Cognisance Of Offence U/S 358 BNSS: Delhi High Court

The Delhi High Court recently delivered an important judgment regarding the interpretation of Section 358 of the Bhartiya Nagarika Suraksha Sanhita (BNSS), a provision often linked with criminal procedure powers. The Court clarified that Section 358 BNSS empowers a Magistrate only to issue summons to a person who is not originally an accused but appears guilty from the evidence. However, this section cannot be used by the Magistrate to take…

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