Cognizance--Supply of Evidence--Proviso to Section 223(1) BNSS Does Not Mandate Furnishing Entire Evidence to Accused at Threshold Stage
The proviso to Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) mandates that the accused be given an opportunity of hearing before a Magistrate takes cognizance of a complaint. However, this opportunity does not automatically obligate the complainant to supply the entire evidence to the accused at the threshold stage of cognizance. Mechanical dismissal of a complaint for non-supply of documents, without examining merits or procedural fairness in totality, amounts to miscarriage of justice.
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