Before issuance of process against the accused in a complaint case, the accused has:

Correct option is A

The correct answer is: (a) A right to participate in the proceedings.

Explanation:

According to the proviso to Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, before cognizance (and issuance of process) is taken against the accused in a complaint case, the accused must be given an opportunity to be heard.

This means:

• After examining the complainant and witnesses on oath, and recording their statements,

• The Magistrate must give notice to the accused along with copies of the complaint and statements,

• The accused gets a fair chance to present their case, produce evidence, or make oral submissions before cognizance is taken and process issued.

This is a significant procedural safeguard introduced by BNSS that did not exist before under CrPC, ensuring accused participation at the pre-cognizance stage.

Information Booster:

• This interpretation is supported by recent High Court rulings such as Karnataka High Court in Basanagouda R. Patil v. Shivananda S. Patil, Allahabad High Court, and Kerala High Court, which emphasized that opportunity to be heard under Section 223(1) BNSS is not a mere formality but an effective procedural safeguard.
• This is a departure from the earlier practice under Section 200 CrPC where accused had no locus standi before process issuance.

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