New Delhi, Sept. 30 -- The Delhi High Court has ruled that in a private complaint, a Magistrate can formally take cognisance of an offence only after examining the complainant and witnesses on oath, subject to statutory exceptions, and providing the accused an opportunity of being heard.

A bench of Justices Navin Chawla and Ravinder Dudeja held that the Magistrate must first examine the complainant and witnesses present and determine whether a prima facie case exists for proceeding further rather than dismissing the complaint under Section 226 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

The court clarified that once such a prima facie view is formed, the Magistrate must issue notice to the proposed accused under the first proviso ...