Private Complaint -- Cognizance -- Complainant and witnesses must be examined and accused be heard before cognizance
(i) Bharatiya Nagarik Suraksha Sanhita, 2023, S.223(1) -- Cognizance -- Private Complaint -- Examination of complainant and witnesses on oath is part of the process of taking cognizance, not a step after it -- Magistrate can take cognizance only after such examination, unless exempted by statute, and after hearing the accused. (ii) Bharatiya Nagarik Suraksha Sanhita, 2023, S.223(1) First Proviso -- Cognizance -- Notice to Proposed Accused -- Notice is to be issued after examination of complainant and witnesses on oath and a prima facie view that complaint deserves cognizance and not dismissal under Section 226 -- Magistrate has no discretion to issue it before recording statements -- Formal cognizance follows only after the accused is heard. (iii) Bharatiya Nagarik Suraksha Sanhita, 2023, S.223(1) First Proviso -- Cognizance -- Hearing of Proposed Accused -- Proviso is substantive and mandatory and is a safeguard against false implication and prejudice -- Accused can raise limited recognised grounds against cognizance -- Accused has no right to take part in the recording of evidence of the complainant -- Steps under Sections 225, 226 and 227 stay distinct.
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