https://www.taxtmi.com/caselaws?id=775802 Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 was treated as mandatory in complaints, requiring the accused to be given an opportunity of being heard before cognizance is taken. The Kerala HC noted that cognizance had been taken and summons issued without complying with that proviso, which rendered the cognizance order unsustainable. It further stated that, in such prosecutions, the question of sanction under Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023 or the corresponding CrPC provision must also be examined before cognizance. The proceedings were therefore returned to the pre-cognizance stage for fresh compliance. en-us Fri, 25 Jul 2025 00:00:00 +0530 Thu, 31 Jul 2025 08:17:37 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=775802 Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 was treated as mandatory in complaints, requiring the accused to be given an opportunity of being heard before cognizance is taken. The Kerala HC noted that cognizance had been taken and summons issued without complying with that proviso, which rendered the cognizance order unsustainable. It further stated that, in such prosecutions, the question of sanction under Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023 or the corresponding CrPC provision must also be examined before cognizance. The proceedings were therefore returned to the pre-cognizance stage for fresh compliance. Case-Laws Money Laundering Fri, 25 Jul 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=775802