Prior hearing before cognizance under new criminal procedure applies to pending complaints when cognizance is taken later.

Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 was treated as a beneficial procedural safeguard requiring a prior hearing before cognizance is taken. A complaint presented before the new Code came into force, but not yet subjected to judicial application of mind, was held not to amount to an inquiry commenced under the savings clause. Because cognizance was taken only after the new regime began, the accused had to be given an opportunity of hearing before the complaint could proceed, and the earlier orders were therefore unsustainable.

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Issues: Whether the accused was entitled to an opportunity of hearing under the proviso to Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 before cognizance was taken on the prosecution complaint filed under the Prevention of Money Laundering Act, 2002.

Analysis: The complaint had been presented before the Sessions Court before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force, but no judicial application of mind had then taken place because the matter was only being processed administratively for transfer to the competent Special Judge. A mere presentation or registration of the complaint did not amount to the commencement of an inquiry within the meaning of the savings provision. Cognizance was in fact taken only after the new Code came into force. The provision in Section 223, which introduces a prior hearing before cognizance, was held to be a beneficial procedural safeguard flowing from natural justice and fair trial principles, and was therefore applied to the pending complaint.

Conclusion: The accused was entitled to a hearing before cognizance, and the impugned orders were unsustainable.

Final Conclusion: The complaint proceedings had to be reconsidered afresh after affording the accused an opportunity of hearing under the new procedural regime.

Ratio Decidendi: Where cognizance is taken after the commencement of the Bharatiya Nagarik Suraksha Sanhita, 2023, the accused must be afforded the prior hearing mandated by the proviso to Section 223, and a mere administrative presentation of the complaint before the change in law does not attract the savings clause.

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