BNSS 2023. Sec 223 versus 1973 Cr code 200 for private complaint cases

Question

BNSS 2023. Sec 223 versus 1973 Cr code 200 for private complaint cases

02-Jul-2025 (In Criminal Law)

BNSS 2023 Cr P Sec 223 has new clause 'Provided that no cognizance of an offence under this section shall be taken by the Magistrate without giving the accused an opportunity of being heard:' , which not there in 1973 Cr P Code 200. Is this mean that judge cannot issue summons without say of accused or what procedure judge to follow for say of accused?

Answers (5)

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Adv. Anuj Goel Adv. Anuj Goel

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Advocate Ishan Parashar LawRato · Accepted Answer · 2025-07-02T22:50:57+05:30

Answer #2

The judge won't take conginzance of the case till the accused is given the opportunity of being heard and give an explanation as to the charges leveled against him in complaint. See, to hear the side of the accused judge will summon him. If you have any doubt feel free to contact me.

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Advocate Shaun Jomon LawRato · Accepted Answer · 2025-07-05T15:43:42+05:30

Answer #3

Well i got a gist of your query, need more details to advise you regarding the same. kindly connect with us, so that we can have all the information required to advise you the due procedure in the scenario.

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Advocate Adarsh Kumar LawRato · Accepted Answer · 2025-07-15T21:07:13+05:30

Answer #4

Under BNSS 2023, Section 223 includes a new proviso that mandates the Magistrate must give the accused an opportunity of being heard before taking cognizance. This is a shift from CrPC, where such hearing was not mandatory under Section 200. Now, the Magistrate cannot issue summons without first allowing the accused to present their say. Though BNSS is new and no direct case law exists yet, the principle aligns with Pepsi Foods Ltd. v. Special Judicial Magistrate (1998) 5 SCC 749, where the Supreme Court held that summoning is a serious matter requiring judicial application of mind. Similarly, Mehmood Ul Rehman v. Khazir Mohammad Tunda (2015) 12 SCC 420 emphasizes that cognizance must follow due process. Hence, judges must now ensure a pre-summons hearing for the accused under this new safeguard.

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LawRato LawRato · Accepted Answer · 2025-07-29T17:42:45+05:30

This new BNSS rule is a change meant to protect people from being dragged into court unnecessarily. Earlier, under the old CrPC, if someone filed a private complaint, the Magistrate could straightaway take cognizance and issue summons without even asking your side first. Now, under BNSS Section 223, the judge must first give you a chance to be heard before deciding whether to take cognizance. This means you’ll likely receive a pre-summoning notice, where you can explain your version or file a reply. Only after hearing both sides will the judge decide whether to issue summons. So, no, the judge can’t just issue summons without giving you that opportunity anymore.