The Punjab & Haryana High Court has ruled that under Section 210(1)(c) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, a Magistrate is not required to record witness statements or summon the aggrieved party before taking cognizance or issuing process. Justice Sanjay Vashisth clarified that the Magistrate can act on personal knowledge or information from any person other than a police officer. The Court emphasized that cognizance depends solely on the Magistrate’s satisfaction and no specific procedure is needed before issuing process. In warrant cases, the Magistrate can summon the accused under Section 227(1)(b) BNSS for appearance. The Court also stated that Section 211 ensures the accused’s right to file objections, protecting against false accusations. These observations came while dismissing a plea by four police officials challenging their summoning in a custodial death case.
The Court found sufficient material was present before the Magistrate, including statements from witnesses and officials. It held that the accused approached the Court prematurely, and there was no violation of procedure. The Court concluded that the Magistrate’s action was lawful and within the scope of BNSS, 2023.
