Karnataka HC: Notice To Accused under S.223 BNSS Can't Be Issued Before Recording Sworn Statement Of Complainant & Witness

[Educator]

The Magistrate while taking cognizance of an offence should have with him the statement on oath of the complainant and if any witnesses are present, their statements. The taking of cognizance under Section 223 of the BNSS would come after the recording of the sworn statement, at that juncture a notice is required to be sent to the accused, as the proviso mandates