https://www.taxtmi.com/caselaws?id=462871 The Kerala HC ruled on the procedural requirement under Section 223(1) of BNSS regarding notice to accused before taking cognisance of offences. The court held that cognisance occurs when a Magistrate takes judicial notice of an offence to initiate proceedings, after which they decide on issuing process under Section 225. The court noted that while the proviso to Section 223(1) BNSS introduces a radical procedural change by mandating opportunity of hearing to the accused before taking cognisance, Section 226 does not consider the accused's objection as grounds for dismissing complaints. Following precedents and statutory language, the HC directed that Magistrates must first examine complainants and witnesses on oath, then provide hearing opportunity to accused if proceeding with cognisance. The impugned order was quashed and appeal allowed. en-us Wed, 22 Jan 2025 00:00:00 +0530 Tue, 22 Jul 2025 20:35:15 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=462871 The Kerala HC ruled on the procedural requirement under Section 223(1) of BNSS regarding notice to accused before taking cognisance of offences. The court held that cognisance occurs when a Magistrate takes judicial notice of an offence to initiate proceedings, after which they decide on issuing process under Section 225. The court noted that while the proviso to Section 223(1) BNSS introduces a radical procedural change by mandating opportunity of hearing to the accused before taking cognisance, Section 226 does not consider the accused's objection as grounds for dismissing complaints. Following precedents and statutory language, the HC directed that Magistrates must first examine complainants and witnesses on oath, then provide hearing opportunity to accused if proceeding with cognisance. The impugned order was quashed and appeal allowed. Case-Laws Indian Laws Wed, 22 Jan 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=462871