Police Report in Non-Cognizable Offence Deemed a ‘Complaint’ Under BNSS; Accused Must Be Heard Before Issuance of Summons: Allahabad High Court

The Allahabad High Court has clarified an important procedural requirement under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), ruling that a police report filed for a non-cognizable offence must be treated as a complaint. Justice Praveen Kumar Giri delivered this judgment while examining a faulty summoning order issued by a Judicial Magistrate in Shahjahanpur. Background of the Dispute The case stemmed from a neighbourhood dispute involving drainage issues. The complainant…