Charge-sheet by police for non-cognizable offences must be treated as a "complaint"

Court directs fresh consideration treating charge-sheet as a complaint for non-cognizable offences

The Allahabad High Court has set aside the cognizance-cum-summoning order passed by a Judicial Magistrate in the case of Prempal and others, directing the Magistrate to treat the charge-sheet related to non-cognizable offences as a complaint under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The order emphasizes the necessity for judicial officers to adhere to procedural requirements under the BNSS.

The case arose from an incident on August 10, 2024, where a dispute over toilet waste drainage led to allegations of assault and intentional insult, resulting in a charge-sheet filed under Sections 115(2) and 352 of the BNSS. The Magistrate took cognizance of the case as a police report under Section 210(1)(b) BNSS, which the High Court found to be erroneous for non-cognizable offences.

Justice Praveen Kumar Giri clarified that the charge-sheet for non-cognizable offences should have been treated as a complaint per the Explanation to Section 2(1)(h) of BNSS. The court highlighted that the Magistrate must take cognizance under Section 210(1)(a) BNSS and provide the accused an opportunity for a hearing as mandated by Section 223(1) BNSS before proceeding with summons.

The High Court remanded the matter for fresh consideration by the Magistrate and directed compliance with procedural norms, including the inclusion of the Magistrate's name, designation, and judicial ID on orders, as per the High Court's circulars.

The decision underscores the importance of procedural compliance in criminal trials, particularly in treating police reports of non-cognizable offences as complaints to ensure fair trials and uphold the rights of the accused.

Bottom Line:

Non-cognizable offences - Charge-sheet submitted by police for non-cognizable offences must be treated as a "complaint" under Explanation to Section 2(1)(h) of BNSS, 2023, and cognizance must be taken under Section 210(1)(a) BNSS as a trial of summons-case instituted on complaint, not as a police report under Section 210(1)(b) BNSS.

Statutory provision(s): Sections 115(2), 352, 210(1)(a), 210(1)(b), 223(1), 279, 280, 281, 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023; Article 21 of the Constitution of India.

Prempal v. State of U.P., (Allahabad) : Law Finder Doc Id # 2813013