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Delhi HC Clarifies When Magistrate Should Issue Notice to Accused Under Section 223(1) BNSS

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Summary

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  • The Delhi High Court has clarified that under Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Magistrate must examine the complainant and witnesses on oath before issuing notice to the accused.
  • This ruling came during the hearing of two petitions regarding the timing of cognizance on private complaints and notice issuance under the BNSS.
  • The Court emphasized that notice must follow sworn examinations unless exempted by statute, ensuring the accused has a fair opportunity to respond.
  • This decision could reshape pre-cognizance procedures, reinforcing the rights of accused individuals in criminal proceedings.

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