Court mandates fresh hearing as trial court failed to issue notice under Section 223 of Bharatiya Nagarik Suraksha Sanhita, 2023
In a significant ruling, the Delhi High Court has set aside a trial court's cognizance order and consequent summons in the case of Naresh Aggarwal v. Directorate of Enforcement. The order was passed due to non-compliance with the proviso to Section 223 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which mandates issuing notice to proposed accused persons before taking cognizance.
The judgment, delivered by Justice Girish Kathpalia, addressed three petitions linked to the same Enforcement Case Information Report (ECIR) challenging the trial court’s order. The court acknowledged the oversight by the trial court in not issuing a notice to the petitioners, who were the proposed accused, before taking cognizance.
Senior advocates representing the petitioners argued that the trial court's decision contravened established legal procedures, highlighting precedents supporting their stance. The Directorate of Enforcement's counsel conceded that the legal requirements under the new BNSS were not met, agreeing to the quashing of the cognizance order. However, they clarified that this concession should not influence the substantive merits of the case.
The High Court, respecting the mutual agreement of both parties, annulled the impugned order dated September 25, 2024, in the case numbered CC No. 01/2024, and the associated summons. It instructed the petitioners to appear before the trial court on June 10, 2026, a date already scheduled for further proceedings. The trial court, on this date, will set a new date for a hearing on cognizance and will issue fresh orders thereafter. The requirement for formal notice issuance by the trial court for the hearing under Section 223 BNSS has been waived with the consent of both parties.
This case underscores the importance of adhering to procedural laws, especially new enactments like the BNSS, which aim to safeguard the rights of proposed accused individuals by ensuring they receive proper notice before legal actions are initiated against them.
Bottom line:-
Cognizance order passed by trial court without issuing notice to proposed accused violates the proviso to Section 223 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023, Section 223
Naresh Aggarwal v. Directorate of Enforcement, (Delhi) : Law Finder Doc id # 2899738
