Is It Legal to Hear the Accused at the Pre-Cognizance Stage under BNSS?

Yes. The Bharatiya Nagarik Suraksha Sanhita, 2023, introduces a mandatory safeguard requiring Magistrates to hear the proposed accused before taking cognizance of an offence on a private complaint filed on or after 1 July 2024. 

This pre-cognizance hearing is limited in scope and does not involve examining the merits of the case. 

Instead, it allows the accused to raise preliminary legal objections, such as lack of jurisdiction or non-maintainability, helping courts filter out frivolous complaints and ensure procedural fairness.