Supreme Court Examines Applicability of BNSS Section 223 for Complaints Filed Before July 2024

The Supreme Court has issued notice in a petition questioning whether Section 223  of the Bharatiya Nagarik Surakhsa Sanhita (BNSS) applies to complaints filed before July 1, 2024, but taken cognisance of after the BNSS came into force.

The issue rose from an ED complaint filed on June 26, 2024, with cognisance taken on July 2, 2024.

The Uttarakhand High Court held Section 223 inapplicable, relying on Section 531 BNSS, as the proceedings began before July 1.

The petitioner contended that formal proceedings started only with cognisance. The bench of Justices MM Sundresh and NK Singh will decide if BNSS protections extend to such transition cases.