The New Era In The Criminal Procedure For Complaint Cases: A Critical Analysis Of Section 223 Of The Bhartiya Nagarik Suraksha Sanhita, 2023
- IJLLR Journal
- Jul 17
- 1 min read
Chetan Anand & Akash Kumar Srivastava, Practising Advocates at Delhi High Court.
ABSTRACT
The present paper deals with the new challenges which is being faced by the litigants, advocates as well as the judiciary with the advent of the new procedural act ie. Bhartiya Nagarik Suraksha Sanhita,2023 in the area of complaint cases. The rights given to the accused in the new legislation is creating a new problem in the procedure to be followed in the trial of complaint cases. The right of the accused to be heard before the cognizance is taken by the learned magistrate in the new Act is a mandatory provision and has to be exercised by the judicial officer and hence the problem of the stage at which such notice to the accused is to be given being undefined is creating a procedural hurdle and this paper tries to deal and critically analyze the said scenarios and the other challenges associated with it.
