Magistrate is Not Empowered to Take Re-Cognisance of Offence U/S 358 BNSS : Delhi High Court

The Delhi High Court has clarified that a Magistrate is not empowered to take re-cognisance of an offence under Section 358 of the Bharatiya Nagarik Suraksha Sanhita. 

In this case, after cognizance was taken of a cruelty FIR against a husband (but not in-laws), the Magistrate issued summons to in-laws following a protest petition.

High Court set aside that order, stating cognizance can be taken only once and cannot be reviewed through a protest petition.

The Court clarified that Section 358 BNSS may be invoked during inquiry or trial, but not at the initial cognizance stage. 

[Amrita Jain v. State]