Supreme Court Emphasizes Right to Hearing Before Cognizance in Money Laundering Cases, Judgment clarifies application of Bharatiya Nagarik Suraksha Sanhita, 2023 to PMLA proceedings, ensuring accused's right to be heard.
In a significant ruling, the Supreme Court of India has reinforced the procedural rights of the accused under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), particularly in cases involving the Prevention of Money Laundering Act, 2002 (PMLA). The bench, comprising Justices M.M. Sundresh and Nongmeikapam Kotiswar Singh, delivered the judgment on an appeal filed by Parvinder Singh against the Directorate of Enforcement.
The court emphasized the mandatory nature of the first proviso to Section 223(1) of the BNSS, which ensures that an accused must be given an opportunity to be heard before cognizance of an offence is taken. The judgment sets aside previous orders by the High Court of Uttarakhand and the Special Court, citing non-compliance with this provision as a fundamental flaw that vitiates the proceedings.
The appeal stemmed from a prosecution complaint filed under the PMLA, where the accused, Parvinder Singh, was not afforded a hearing before the Special Court took cognizance of the offence. The Supreme Court held that the provisions of the BNSS, specifically Sections 223 to 228, are applicable to PMLA complaints as long as they do not conflict with the PMLA.
The judgment also clarified that mere filing of a complaint does not constitute an "inquiry" under the BNSS, as an inquiry requires a judicial application of mind. This interpretation aligns with the court's previous decisions and underscores the importance of procedural fairness.
The Supreme Court directed the Special Court to rehear the case from the cognizance stage, ensuring compliance with the BNSS provisions. The decision underscores the judiciary's commitment to upholding the rights of the accused and ensuring a fair trial process.
Bottom Line
Prevention of Money Laundering Act (PMLA) - Applicability of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) - Proviso to Section 223(1) of BNSS ensures the accused's right to be heard before taking cognizance of an offence.
Statutory provision(s): Prevention of Money Laundering Act, 2002 - Section 44(1)(b); Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 223(1), 531(2)(a).
Parvinder Singh v. Directorate of Enforcement, (SC) : Law Finder Doc id # 2902664
