Kerala HC: Magistrates Must Follow BNSS Section 223(2) Before Cognizance in Complaints Against Public Servants

The Kerala High Court held that magistrates must comply with Section 223(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) before taking cognizance of offences against public servants for actions during official duties.

Justice V.G. Arun stressed that courts are now required to give accused public officials a chance to be heard and obtain reports from their superior officers - a shift from earlier practices under the CrPC.

The ruling arose in cases of alleged custodial torture by forest officers in Marayoor, where cognisance had been taken without following BNSS safeguards. The High Court quashed the proceedings, underscoring procedural protections for public servants.