https://www.taxtmi.com/caselaws?id=790016 The proviso to Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 bars cognizance of a complaint offence unless the accused is first given an opportunity of being heard. Because the complaint was filed after 01.07.2024, Section 223 governed the proceeding, and the prior registration of the ECIR did not attract the repealed Code of Criminal Procedure, 1973. The decisive factor was the date of the complaint and the statutory hearing requirement attached to cognizance. On that basis, the cognizance order was unsustainable for want of notice and hearing before cognizance. en-us Fri, 23 Jan 2026 00:00:00 +0530 Sat, 18 Apr 2026 08:21:58 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=790016 The proviso to Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 bars cognizance of a complaint offence unless the accused is first given an opportunity of being heard. Because the complaint was filed after 01.07.2024, Section 223 governed the proceeding, and the prior registration of the ECIR did not attract the repealed Code of Criminal Procedure, 1973. The decisive factor was the date of the complaint and the statutory hearing requirement attached to cognizance. On that basis, the cognizance order was unsustainable for want of notice and hearing before cognizance. Case-Laws Money Laundering Fri, 23 Jan 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=790016