#Section 223 BNSS

Allahabad HC rules that omission of key cruelty allegations in a complainant’s statement under Section 223 BNSS renders the prosecution defective, necessitating a fresh recording within 15 days. The judgment underscores the right of complainants to have their full allegations reflected in legal proceedings to ensure natural justice.

Allahabad High Court reinforces that failure to provide the accused an opportunity of hearing before taking cognizance under Section 223 BNSS vitiates the summoning order. The ruling underscores that natural justice principles are sacrosanct, even in criminal proceedings, and non-compliance renders the order legally unsustainable.