Notice to the Accused Before Taking Cognizance Under BNSS

ABSTRACT The Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS'), which came into force on 1st July 2024 in place of the Criminal Procedure Code, 1973 ('CrPC'), carried forward several procedural aspects from the CrPC while also bringing in important changes. The primary aim of enacting this new legislation was to establish a quicker and more effective justice delivery system, which included, among other things, stricter time limits for investigation, trial, and the pronouncement of judgments. This article examines the potential ripple effect of one such change made to Section 200 of the CrPC (now Section 223 of the BNSS), which deals with the 'Examination of the complainant', on the related procedural provisions concerning the issuance of process (Section 227 of the BNSS), postponement of the issuance of process, and dismissal of a complaint (Sections 225 and 226 of the BNSS, respectively). Under Section 200 of the CrPC, a Magistrate taking notice of an offence based on a private complaint was required to examine, under oath, the complainant and any witnesses present, and to record the substance of such examination in writing, duly signed by the complainant, the witnesses, and the Magistrate. The earlier provision made no reference to giving the proposed accused any opportunity to be heard at this stage. However, Section 223 of the BNSS, which replaces Section 200 of the CrPC, introduces a new proviso that permits the alleged accused to present his version or side of the matter forming the subject of the complaint.