https://www.taxtmi.com/caselaws?id=462923 Under Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Magistrate must record the complainant's sworn statement, and any supporting witness statements, before proceeding to the stage of notice to the accused. The proviso requires that the accused be given an opportunity of being heard before cognizance is taken, so notice cannot be issued merely on filing of the complaint. Section 227 on issuance of process applies at a later stage and does not govern this initial procedure. The stated procedure therefore treats the hearing opportunity as a pre-cognizance safeguard, and the contrary practice was erroneous. en-us Fri, 27 Sep 2024 00:00:00 +0530 Thu, 24 Jul 2025 20:28:51 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=462923 Under Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Magistrate must record the complainant's sworn statement, and any supporting witness statements, before proceeding to the stage of notice to the accused. The proviso requires that the accused be given an opportunity of being heard before cognizance is taken, so notice cannot be issued merely on filing of the complaint. Section 227 on issuance of process applies at a later stage and does not govern this initial procedure. The stated procedure therefore treats the hearing opportunity as a pre-cognizance safeguard, and the contrary practice was erroneous. Case-Laws Indian Laws Fri, 27 Sep 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=462923