The Supreme Court has held that cognizance on a protest complaint filed under the CrPC was taken only when the Special Judge found a prima facie case on June 3, 2026, after the BNSS came into force, and that the accused therefore had to be heard first under the proviso to Section 223 BNSS.
The Delhi High Court refused urgent listing of a plea questioning whether Section 223 of the BNSS applies to ED complaints filed before July 1, 2024. The matter will now be heard on April 1, 2026, with the key legal issue still undecided.
