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Provision under which Opponent Party is Heard Before Initiation of Criminal Proceedings The relevant provision is Section 528 of BNSS, 2023, which empowers courts to exercise inherent powers to quash criminal proceedings. Several sources explicitly mention that the courts, while invoking Section 528, consider the parties' willingness to proceed or settle, effectively providing an opportunity for the opposite party to be heard or to object to continuation of proceedings. For example, ["SHASWAT SHUBHAM SAHOO vs STATE OF ODISHA - Orissa"] states, Opposite Party No.2-Informant does not want to proceed further in the present criminal proceeding and the court, exercising power under Section 528, considers this stance before quashing proceedings. Similarly, ["SHASWAT SHUBHAM SAHOO vs STATE OF ODISHA - Orissa"] notes, Opposite Party No.2-Informant will have no objection in the event the present criminal proceeding is quashed, indicating the court's consideration of the opposite party's position under this provision.
Main Points and Insights
In some instances, courts also examine whether the opposite party has been heard or given an opportunity to object, which is facilitated by the procedural powers under Section 528 ["Karunakar Behera vs State of Orissa - 2025 Supreme(Online)(Ori) 2947"].
Analysis and Conclusion The key provision providing the opportunity for the opposite party to be heard before initiating or quashing criminal proceedings is Section 528 of BNSS, 2023. This section enables courts to exercise inherent jurisdiction to dismiss proceedings, especially when the opposite party or informant does not wish to continue, often after settlement or compromise. The consistent theme across the sources is that courts prioritize justice and the parties' consent, effectively allowing the opposite party to be heard through their expressed willingness or objection, before any final order to quash is passed ["SHASWAT SHUBHAM SAHOO vs STATE OF ODISHA - Orissa"], ["SHASWAT SHUBHAM SAHOO vs STATE OF ODISHA - Orissa"].
In the realm of criminal law, the principle of audi alteram partem—hear the other side—is a cornerstone of natural justice. It guarantees that no one should be condemned unheard, especially before formal criminal proceedings commence. But under which provision does the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) provide this crucial opportunity to the opposite party? This question is vital for litigants, lawyers, and law enforcement navigating India's updated criminal procedure code.
This blog post delves into Section 66 of BNSS 2023, its role in facilitating fair hearings, comparisons with the old CrPC, and insights from judicial interpretations. Note: This is general information based on legal sources and is not specific legal advice. Consult a qualified lawyer for your case.
A common query arises: Under which provision does BNSS 2023 provide opportunity of being heard to the opposite party before initiating criminal proceedings? The answer lies primarily in Section 66, which governs the service of summons when the summoned person cannot be found through due diligence. This procedural safeguard ensures notification, paving the way for participation and being heard. Izzhar Quraishi @ Md. Izzhar vs State of Jharkhand - 2025 0 Supreme(Jhk) 547
Section 66 states: > Where the person summoned cannot, by the exercise of due diligence, be found, the summons may be served by leaving one of the duplicates for him with some adult member of his family residing with him, and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate. Izzhar Quraishi @ Md. Izzhar vs State of Jharkhand - 2025 0 Supreme(Jhk) 547
This provision modernizes summons service by allowing delivery to any adult family member, not just adult males as under the old CrPC Section 64. The intent? To notify the opposite party effectively, giving them a chance to appear and defend before proceedings advance. Manish Singh Bisht VS State of Uttarakhand - 2024 0 Supreme(UK) 194
BNSS 2023 replaces the CrPC 1973, but procedural fairness remains central. The old Section 64 CrPC mirrored Section 66 in purpose: > The purpose and mandate of both the provision is only to serve the other side for adjudication of the issue so that the other party may also be heard. Manish Singh Bisht VS State of Uttarakhand - 2024 0 Supreme(UK) 194
Courts emphasize that these steps prevent ex-parte actions, ensuring balanced proceedings. While BNSS introduces digital and electronic services elsewhere, Section 66 retains a practical, family-based approach for hard-to-find persons.
Indian courts consistently interpret such provisions to protect the right to be heard. For instance, procedural lapses in notices can lead to annulment, as seen in land dispute cases under Section 164 BNSS 2023. There, notices deemed non-compliant were set aside: > Procedural violations in land dispute notices can lead to annulment, ensuring adherence to statutory procedures. Petitioner No.1, Petitioner No.2 vs Respondent Nos.1 to 4, Respondent Nos.5 to 7, Respondent No.8 - 2025 Supreme(Online)(Tel) 17781
This underscores that improper service under provisions like Section 66 could compromise hearings, prompting courts to mandate fresh, compliant actions.
In quashing petitions under Section 528 BNSS 2023 (inherent powers), courts scrutinize pre-cognizance stages. Prospective accused lack locus standi to challenge FIR directions before cognizance, but once served, they gain full participatory rights. Kamlesh Meena vs State Of U.P. - 2025 Supreme(Online)(All) 1574Kamlesh Meena vs State Of U.P.
Another ruling highlights: > Prospective accused cannot challenge the direction for F.I.R. registration and investigation before cognizance, affirming no locus standi in such cases. Kamlesh Meena vs State Of U.P. - 2025 Supreme(Online)(All) 1574
These cases illustrate how Section 66 fits into the broader framework—proper service triggers the opportunity to engage before escalation.
BNSS 2023 bolsters fairness across sections:
In transfer petitions or bail applications, courts balance convenience and fairness, often post-service under Section 66. In Re: XXX VS State Of Arunachal Pradesh - 2024 Supreme(Gau) 1360X (19068) VS State of Punjab - 2024 Supreme(P&H) 1299
While Section 66 facilitates hearings, challenges persist:- Improper Service: If not effected correctly, the opportunity may be illusory, but courts allow re-service. Izzhar Quraishi @ Md. Izzhar vs State of Jharkhand - 2025 0 Supreme(Jhk) 547- Non-Compliance: In urgent cases (e.g., heinous offenses), proceedings may advance, but appeals remedy this. Jaspreet Singh Chima VS State of M. P. - 2024 Supreme(MP) 456- High Court Oversight: Under Section 528, extraordinary jurisdiction requires compelling evidence and proper channels first. Rasida @ Rashida VS State of Haryana - 2024 Supreme(P&H) 1303
For authorities and parties:1. Ensure Diligent Service: Follow Section 66 meticulously to avoid challenges. Manish Singh Bisht VS State of Uttarakhand - 2024 0 Supreme(UK) 1942. Opposite Party Actions: Upon service, promptly appear, raise objections, or seek quashing if warranted. MD. IZHAR ALAM vs THE STATE OF JHARKHAND - 2025 Supreme(Online)(Jhk) 43573. Leverage Digital Tools: BNSS permits electronic summons elsewhere—combine with Section 66 for robustness.4. Seek Legal Aid Early: Pre-proceeding stages are critical; engage counsel to assert hearing rights.
BNSS 2023 modernizes criminal procedure without diluting fairness. As cases evolve, staying informed on sections like 66 empowers better navigation of the justice system. For personalized guidance, always consult a legal professional.
References:- Izzhar Quraishi @ Md. Izzhar vs State of Jharkhand - 2025 0 Supreme(Jhk) 547- Manish Singh Bisht VS State of Uttarakhand - 2024 0 Supreme(UK) 194- Petitioner No.1, Petitioner No.2 vs Respondent Nos.1 to 4, Respondent Nos.5 to 7, Respondent No.8 - 2025 Supreme(Online)(Tel) 17781- Kamlesh Meena vs State Of U.P. - 2025 Supreme(Online)(All) 1574- Kamlesh Meena vs State Of U.P.- Mithun Kumar Paswan son of Chetanya Paswan vs State of Jharkhand - 2025 Supreme(Jhk) 1502
#BNSS2023, #CriminalLawIndia, #LegalRights
By filing the present application under Section 528 of the BNSS, 2023, the Petitioners seek to invoke the inherent power of this Court to quash the entire criminal proceeding in connection with C.T. Case No.89 of 2025, arising out of Malgodown P.S. ... As such, the Opposite Party No.2-Informant does not want to proceed further in the present criminal proceeding. On such ground, learned counsel for the Petitioners contended that the entire c....
By filing the present application under Section 528 of the BNSS, 2023, the Petitioners seek to invoke the inherent power of this Court to quash the entire criminal proceeding in connection with C.T. Case No.89 of 2025, arising out of Malgodown P.S. ... As such, the Opposite Party No.2-Informant does not want to proceed further in the present criminal proceeding. On such ground, learned counsel for the Petitioners contended that the entire c....
The above noted criminal case was registered on the basis of an F.I.R. dated 11.07.2025 lodged at the instance of the Opposite Party No.2-Informant for alleging commission of offences punishable under Sections 126(2)/115(2)/118(1)/109(1)/296/351(2)/3(5) of B.N.S., 2023. 5. ... By filing the present application under Section 528 of BNSS, 2023, the Petitioners seek to invoke the inherent power this Court to quash the entire criminal proceedin....
There is also no embargo with regard to framing of the charge as provided in the Cr.P.C (now BNSS, 2023). ... Section 31 of the POCSO Act, 2012 provides for application of Code of Criminal Procedure, 1973 (now the BNSS, 2023). ... Such application for discharge, as per Section 250 of the BNSS, 2023 is to be filed within a period of 60 days from the date of commitment of the case under Section 232 of the BNSS. ... G.R.Case No.14 of 2025 which corresponds to Nuagaon P.S....
Section 164 of BNSS, 2023. ... (7) When any party to any such proceeding dies, the Magistrate may cause the legal representative of the deceased party to be made a party to the proceeding and shall thereupon continue the inquiry, and if any question arises as to who the legal representative of a deceased party ... for the purposes of such proceeding is, all persons claiming to be representatives of the deceased party#HL_....
This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash the entire criminal proceeding as well as the First Information Report in connection ... Further, the learned counsel for the petitioner and the learned counsel for the opposite party no.2, jointly drawing attention of this Court to the Interlocutory Application No.17027 of 2025, which i....
Rajlakshmi Chaudhuri and Others , decided on May 4, 2023, in Criminal Appeal No. 1581 of 2021, reported in 2023 SCC Online SC 569, the Hon'ble Supreme Court has elucidated the pre-cognizance stage and post-cognizance stage. ... (ii) The opposite party, Amrendra Kumar (accused), harbours a long-standing enmity against the applicants and, in conspiracy with other opposite parties, namely, Jeevan Kamle, Kamlesh Meena and Anjani Kumar, attempted to defame and falsely implicated him in a f....
Rajlakshmi Chaudhuri and Others , decided on May 4, 2023, in Criminal Appeal No. 1581 of 2021, reported in 2023 SCC Online SC 569, the Hon'ble Supreme Court has elucidated the pre-cognizance stage and post-cognizance stage. ... (ii) The opposite party, Amrendra Kumar (accused), harbours a long-standing enmity against the applicants and, in conspiracy with other opposite parties, namely, Jeevan Kamle, Kamlesh Meena and Anjani Kumar, attempted to defame and falsely implicated him in a f....
This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash the entire criminal proceeding including the First Information Report of Chaibasa Sadar P.S. ... Case No.60 of 2024 registered for the offences punishable under Section 109 of the B.N.S., 2023 and under Section 27 of the Arms Act, be quashed and set aside qua the petitioner. 9. Accordingl....
This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash the entire criminal proceeding in connection with Jirwabari P.S. ... Case No.126 of 2025 registered for the offences punishable under Sections 191(2), 191(3), 190, 109(1), 351(2) of the B.N.S., 2023 and Section 27 of the Arms Act. 3. ... It is also submitted that the offence punishable un....
has chosen to invoke the inherent jurisdiction of this Court under Section 528 of BNSS, 2023 without even referring to, much less disclosing any impediment being faced by her in approaching the concerned Illaqa/Jurisdictional Magistrate by invoking Section 175 of BNSS, 2023. 5. The prime prayer made in the petition is that despite clear evidence of serious offences, including sexual assault, cruelty and fraudulent coercion, the Police have failed to register an FIR and take appropriate legal action against the private respondents. The petitioner (herein) who claims herself ....
CONCLUSION:- 22. In view of the discussions made hereinabove, the referred question is answered as follows: “As to whether an application for pre-arrest or regular bail or Criminal Petition would be filed under Section 438/439/482 of the Code of Criminal Procedure, 1973 (now repealed), if the FIR is registered prior to 01.07.2024 i.e. before coming into force of the BNSS, 2023, or the same are liable to be filed under the provisions of Section 482 and 528 of the BNSS, 2023 in view of the saving clause provided under Section 531(2)(a) and 358 of the BNSS, 2023.” 2024], has....
(9) Nothing in this section shall be deemed to affect any order of Government under Section 197.” (a) that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto; or The Bharatiya Nagarik Suraksha Sanhita, 2023 Section 447 of the BNSS, 2023 reads as under: “447. Power of High Court to transfer cases and appeals.-(1) Whenever it is made to appear to the High Court-
3. Government Advocate appearing for respondent No.1-State opposed the prayer and submitted that the offence alleged against applicant is under Section 326 of IPC, which is punishable up to life imprisonment or 10 years of imprisonment. I. CLASSIFICATION OF OFFENCES AGAINST OTHER LAWS Offence Cognizable or non-cognizable Bailable of non-bailable By what Court triable 1 2 3 4 If punishable with death, imprisonment for life, or imprisonment for more than 7 years Cognizable Non-bailable Court of Ses....
5. Brief facts of the case are that an application under Section 125 Cr.P.C. was filed by Smt. Urmila and Km. Gauri Nandini aged about 4 years under the guardianship of her mother Smt. Urmila against Awdhesh Kumar Singh for maintenance on 05.10.2009. As per the aforesaid application, Smt. Urmila was married to Awdhesh Kumar Singh on 26.01. 1992 as per the Hindu Rites. After marriage, Smt. Urmila was treated badly by her husband and in-laws. After one and a half year of the marriage, husband Awdhesh Kumar Singh filed a divorce petition being Case No. 381 of 1993 under Section 13 of Hindu Marr....
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