The Supreme Court of India has held that the first proviso to Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)—which mandates that no cognizance of an offence shall be taken by a Court without giving the accused an opportunity of being heard—is substantive and mandatory in nature. The Bench of Justices M. M.
Hearing Accused Prior to Cognizance Under Section 223(1) BNSS Proviso Is Mandatory; SC Sets Aside Cognizance Order in PMLA Case
