Pending criminal proceedings continue under the old procedure; the new pre-cognizance hearing requirement does not apply.

Where complaint proceedings had already commenced before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force, Section 531(2)(a) saved the earlier criminal procedure and required the matter to continue under the Code of Criminal Procedure, 1973. The first proviso to Section 223, which requires an opportunity of hearing to the accused before cognizance, was therefore held inapplicable to such pending proceedings. On the facts noted, the complaint and initiation of proceedings predated the new Sanhita, so the cognizance order was tested under the earlier regime. The challenge to cognizance failed and the revision was rejected.

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Issues: Whether the first proviso to Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 requiring an opportunity of hearing to the accused before cognizance would apply to the complaint proceedings that had already commenced before the Sanhita came into force, having regard to Section 531(2)(a) saving pending proceedings.

Analysis: The proviso to Section 223 contemplates hearing of the accused before cognizance, but Section 531(2)(a) preserves pending appeals, applications, trials, inquiries and investigations by requiring them to continue under the Code of Criminal Procedure, 1973 if they were pending immediately before the commencement of the new Sanhita. On the facts found, the proceedings against the revisionist had been initiated, and the complaint had been filed, before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force. In that situation, the cognizance order was to be tested under the earlier procedural regime, and the new proviso was held inapplicable.

Conclusion: The challenge to cognizance failed and the revision was rejected.

Ratio Decidendi: Where proceedings were already pending before the commencement of the Bharatiya Nagarik Suraksha Sanhita, 2023, Section 531(2)(a) saves the earlier procedural law and the proviso to Section 223 does not govern cognizance in such pending matters.

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