The Delhi High Court has clarified when magistrates must hear an accused before taking cognizance of a private complaint under Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita.
In a September 29 reference judgment, Justices Navin Chawla and Ravinder Dudeja held that the complainant and witnesses present must ordinarily be examined on oath first. Statutory exemptions continue to apply.
Notice to the accused follows that examination and a preliminary assessment that the complaint should not be dismissed under Section 226. A formal decision to take cognizance can be made only after the accused has received an opportunity to be heard.
The ruling distinguishes preliminary scrutiny from cognizance itself. It protects the accused’s statutory hearing while avoiding notice in complaints that fail at the initial examination stage.
The reference arose in Dr Rita Bakshi v Seema Bajaj and a connected petition. The court answered the procedural questions and directed that the matters return to the roster bench, subject to the Chief Justice’s orders.