Cognizance -- Pre Trial Hearing-- Prima Facie Finding by Magistrate After BNSS Came into Force -- Accused must be heard before cognizance
(i) Bharatiya Nagarik Suraksha Sanhita, 2023, S.223 -- Cognizance -- Prima Facie Finding by Magistrate After BNSS Came into Force -- Cognizance is taken when judicial mind is applied and a prima facie case is found -- Where this is done after 1 July 2024, the accused must be heard first under the proviso to Section 223 -- Order recording cognizance without such hearing cannot stand. (ii) Bharatiya Nagarik Suraksha Sanhita, 2023, S.223 -- Cognizance -- Protest Petition Treated as Complaint -- Order for evidence of the complainant on a protest petition is not cognizance -- Whether cognizance was taken depends on how the court dealt with the report or protest complaint -- Pendency of the matter and recording of evidence without a finding of a prima facie case does not amount to cognizance.
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