Court Rules Pre-Cognizance Evidence Supply Not Mandatory, Ensures Access to Justice
In a significant ruling, the Madhya Pradesh High Court at Jabalpur has set aside an order by the Judicial Magistrate First Class, Mauganj, which had dismissed a private complaint on technical grounds. The High Court's decision, delivered by Justice Himanshu Joshi on May 8, 2026, emphasizes the procedural fairness required in criminal proceedings and underscores that the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), does not impose an obligation on the complainant to supply all evidence at the pre-cognizance stage.
The case involved petitioner Vinay Prakash Singh, who accused respondents Pushpendra Singh and others of criminal trespass, assault, and extortion, allegedly committed with the misuse of official power. The trial court had dismissed Singh's complaint for non-compliance with an earlier directive to supply all documentary and electronic evidence to the accused before cognizance was taken.
Justice Joshi clarified that Section 223(1) of the BNSS requires only that the accused be given an opportunity of hearing at the pre-cognizance stage, without necessitating the supply of complete evidence. The High Court held that transforming this procedural safeguard into a substantive burden on the complainant could impede access to justice, especially in cases involving serious allegations.
The High Court also noted that an application under Section 94 of the BNSS, which sought the summoning of crucial electronic evidence, was pending and had not been addressed by the trial court. The dismissal of the complaint without deciding this application was deemed a miscarriage of justice.
The ruling restores the complaint to its original status and instructs the trial court to proceed with the case after considering all pending applications and ensuring fair opportunities for all parties involved. This decision serves as a reminder of the judiciary's commitment to upholding procedural justice and preventing the misuse of legal processes.
Bottom line:-
Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) does not mandate the complainant to supply complete evidence to the proposed accused at the pre-cognizance stage; granting an opportunity of hearing to the accused is sufficient.
Statutory provision(s):
Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023
