Notice Requirement Under Section 223 BNSS

Overview of Section 223 BNSS

Section 223 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) pertains to the issuance of notice to the accused before taking cognizance of an offence. The legal documents indicate that there are specific procedural requirements that must be adhered to under this section.

Key Points from Legal Documents

1. Issuance of Notice:

2. The court is required to issue notice to the accused as mandated by the proviso to Section 223(1) of the BNSS before taking cognizance of the offence. This is a procedural safeguard to ensure that the accused is informed and has an opportunity to respond Suby Antony S/o. Late P. D. Antony VS Judicial First-Class Magistrate - Kerala (2025)SUBY ANTONY vs JUDICIAL FIRST-CLASS MAGISTRATE-III - Kerala (2024).

3. Legal Position:

4. The High Court of Karnataka has clarified that the issuance of notice under Section 223(1) is not merely a formality but a necessary step in the process. The court emphasized that the accused must be given notice to ensure compliance with the principles of natural justice Suby Antony S/o. Late P. D. Antony VS Judicial First-Class Magistrate - Kerala (2025).

5. Consequences of Non-Issuance:

6. Failure to issue notice as required can lead to procedural violations, which may render subsequent proceedings invalid. The courts have underscored the importance of this requirement in maintaining the integrity of the judicial process Basanagouda R. Patil (Yatnal) S/O Ramanagouda Patil VS Shivananda S. Patil S/O Sidramappa Patil - Karnataka (2024).

7. Judicial Interpretation:

8. Courts have interpreted Section 223 to mean that notice must be served to the accused prior to any substantive action being taken against them. This interpretation aligns with the broader principles of fair trial and due process Suby Antony S/o. Late P. D. Antony VS Judicial First-Class Magistrate - Kerala (2025)SUBY ANTONY vs JUDICIAL FIRST-CLASS MAGISTRATE-III - Kerala (2024).

Conclusion

Based on the analysis of the legal documents, it is clear that the court must issue notice under Section 223 of the BNSS before taking cognizance of an offence. This requirement is essential for upholding the principles of natural justice and ensuring that the accused has the opportunity to respond to the allegations against them. Failure to comply with this procedural mandate could result in significant legal repercussions, including the potential invalidation of the proceedings.

Recommendations

• Ensure that notice is issued to the accused in all relevant cases under Section 223 BNSS to avoid procedural challenges.
• Review the specific circumstances of each case to confirm compliance with the notice requirement, particularly in light of judicial interpretations that emphasize its importance.

References: Suby Antony S/o. Late P. D. Antony VS Judicial First-Class Magistrate - Kerala (2025)SUBY ANTONY vs JUDICIAL FIRST-CLASS MAGISTRATE-III - Kerala (2024)Basanagouda R. Patil (Yatnal) S/O Ramanagouda Patil VS Shivananda S. Patil S/O Sidramappa Patil - Karnataka (2024)