Section 223 BNSS - Examination of complainant.
BNSS Section: 223
CrPC Equivalent: Section 200
Category: Cognizance
Changes: The newly added first proviso to Section 223(1) provides that no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard. A new sub-section (2) of Section 223 provides that a Magistrate shall not take cognizance on a complaint against a public servant for any offence alleged to have been committed in the course of the discharge of his official functions or duties unless—(a) such public servant is given an opportunity to make assertions as to the situation that led to the incident so alleged; and (b) a report containing facts and circumstances of the incident from the officer superior to such a public servant is r eceived.