Delhi HC To Examine Retrospective Applicability Of S.223 BNSS On Opportunity Of Hearing To Accused In ED's Complaint Filed Post-Enactment

The Delhi High Court will hear a plea on the issue of retrospective application of Section 223 of the BNSS 2023 in a case where the Enforcement Directorate registered the Enforcement Case Information Report prior to the law's enactment but the Prosecution Complaint was filed and trial court took cognizance on it after the law came into force. The plea claims that after Prosecution Complaint was filed on August 29 in a case probed by the Enforcement Directorate–which had registered the ECIR in 2021, the Trial Court took cognizance of the offence upon the complaint and summoned to the accused persons/entities, without giving them an opportunity of being heard on the point of cognizance in terms Sec. A revision petition was listed before Justice Chandra Dhari Singh and the counsel appearing for the parties informed the court that the legal issue with regard to proviso to Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and application of Section 531 BNSS are pending for adjudication before the Coordinate Bench of the high court in another matter. The high court then in its order said, "This Court is of the view that since the questions of law involved in the instant petition as well as in the aforesaid matters which are being heard by the Cooridnate Bench of this Court are similar, i.e., all the matters involve similar legal issues with regard to Sections 223 and 531 of the BNSS, it would be appropriate that all the matters be heard by one Bench in the interest of justice as well as to avoid multiplicity of proceedings.