Opportunity of Hearing to Accused Under Section 223 BNSS Does Not Mean Entire Evidence Must Be Supplied Prior to Cognizance: Madhya Pradesh High Court

The Madhya Pradesh High Court has clarified the scope of Section 223(1) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and held that although the accused must be given an opportunity of hearing before cognizance is taken by a Magistrate, this does not mean the complainant is required to provide the entire evidence and documents at the very initial stage of proceedings. The Court further observed that dismissal of a complaint…