Pre-Cognizance Hearing -- Supply of Evidence -- Proviso to Section 223(1) BNSS does not mandate furnishing entire evidence to accused at threshold stage
Bharatiya Nagarik Suraksha Sanhita, 2023, S.223(1) -- Pre-Cognizance Hearing -- Supply of Evidence -- The proviso to S.223(1) BNSS mandates that the accused be given an opportunity of hearing before a Magistrate takes cognizance of a complaint -- This opportunity does not automatically obligate the complainant to supply the entire evidence to the accused at the threshold stage of cognizance -- Mechanical dismissal of a complaint for non-supply of documents, without examining merits or procedural fairness in totality, amounts to miscarriage of justice.
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