Cognizance -- Protest Petition Pending under CrPC --Judicial mind applied after BNSS came into force-- Accused was entitled to be heard first before taking Cognizance
(i) Code of Criminal Procedure, 1973, S.190(1)(a) -- Cognizance -- Protest Petition Pending Across CrPC and BNSS -- Cognizance is taken of the offence and not the offender -- Cognizance is taken when the court applies judicial mind and is satisfied that the case discloses an offence, proceeding further on that basis -- No formal order is necessary to constitute taking of cognizance, but mere acceptance of a complaint on file or direction to produce evidence does not by itself amount to taking cognizance. (ii) Bharatiya Nagarik Suraksha Sanhita, 2023, S.223, Proviso -- Cognizance -- Taking Cognizance Under BNSS -- Taking cognizance is an application of judicial mind, and until such judicial mind is exercised, an inquiry cannot be deemed to have commenced -- Proviso to this section mandates that the accused be given an opportunity of being heard before cognizance is taken -- Where judicial mind is applied and prima facie case found after the Sanhita came into force, cognizance is deemed taken on that date, attracting this requirement.
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