HC: Trial courts have to issue notice to accused before taking cognisance of pvt. plaints under BNSS

The High Court of Karnataka has said that the trial court cannot straightaway take cognisance and issue notice to the accused persons the moment a private complaint is registered under Section 223 of the newly enacted Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

When a complaint is presented before the magistrate under Section 223 of the BNSS, it would be the duty of the magistrate/court concerned to examine the complainant on oath, which would be the complainant’s sworn statement and the witnesses present, if any, and the substance of such examination should be reduced into writing, before issuing notice to the accused, the High Court said.

Justice M. Nagaprasanna passed the order while directing the Special Court of Magistrate for criminal cases against former and present MLAs and MPs to reconsider a fresh a defamation complaint lodged by Minister for Textiles Shivananda S. Patil against Basanagouda Patil R. Yatnal, MLA.

Defamatory statements

Mr. Patil had lodged complaint in connection with certain defamatory statement made by Mr. Yatnal at an election rally. Mr. Yatnal had moved the High Court challenging the notice issued by the special court on the ground that procedure prescribed under BNSS was not followed.

Stating that the provisions of Section 223 indicated that an accused should have an opportunity of being heard, the High Court said that “opportunity of being heard would not mean an empty formality.”

Therefore, the High Court said, the notice that was sent to the accused in terms of Section 223 (1) of the BNSS should also contain the copies of the complaint, the sworn statement, the statements of witnesses, if any, for the benefit of the accused to appear and present his case, before the trial court concerned took cognisance.

As the notice was issued to Mr. Yatnal without recording Mr. Patil’s sworn statement, or statements of any witnesses, the High Court directed the special court to redo the exercise by adhering to the procedure narrated by it.

Published - September 27, 2024 10:37 pm IST