A pre-cognizance hearing under section 223 of the BNSS may not be applicable to SFIO proceedings under the Companies Act. However, there is uncertainty regarding the applicability of this hearing in certain cases, including those where a PMLA complaint was filed before the BNSS came into effect. Courts have been weighing in on the issue, with some rulings suggesting that a pre-cognizance hearing is necessary before further proceedings can take place.