Dr Rita Bakshi v. Seema Bajaj & another; with Ms. Anita Rani Mehra & another v. Ms. Neena Kapoor

Background

Background

Delhi HC in Dr Rita Bakshi explains Section 223 BNSS: record sworn statements, hear the accused, then decide cognizance, subject to statutory exemptions.

Legal questions

Legal questions

When must sworn examination, notice to the proposed accused and the formal decision on cognizance occur in a private complaint under Section 223(1) BNSS?

Court holding

What the Court decided

Required sworn examination comes first, followed by the preliminary assessment described in paragraph 81, notice and an opportunity of hearing to the proposed accused. Formal cognizance can follow only after that opportunity. Statutory examination exemptions remain effective; cognizance and issuance of process remain distinct.

Final outcome

Final outcome

Reference answered in paragraph 81. Petitions directed to the roster bench on 28 October 2026, subject to the Chief Justice’s orders; no final disposal of the underlying challenges by this reference judgment.

Practical effect

What the decision means in practice

Distinguish the preliminary notice and hearing from formal cognizance and the later issuance of process; account for statutory examination exemptions.

This summary states the immediate effect recorded in the decision. The original judgment and the facts of the particular case remain controlling.

Key legal principles

Key legal principles

• Required sworn examination comes first, followed by the preliminary assessment described in paragraph 81, notice and an opportunity of hearing to the proposed accused. Formal cognizance can follow only after that opportunity. Statutory examination exemptions remain effective; cognizance and issuance of process remain distinct.
• The hearing does not confer control over recording the complainant’s evidence or a general right of cross-examination at that stage.