S.223 BNSS | Cognizance Can't Be Taken on Complaint Without Notifying the Accused: Delhi High Court

In a significant ruling, the Delhi High Court held that under the Bharatiya Nagarik Suraksha Sanhita (BNSS), a Magistrate cannot take cognizance of a complaint without first giving the accused an opportunity to be heard. This procedural safeguard marks a crucial departure from the previous system under the Code of Criminal Procedure (CrPC), where notice to the accused was only given after cognizance was taken. Justice Neena Bansal Krishna clarified…