Special courts may not take cognisance of Prevention of Money Laundering Act matters until the accused receives a hearing opportunity under the Bharatiya Nagarik Suraksha Sanhita 2023, India’s Supreme Court ruled. The judgment clarifies procedural safeguards before judicial authorities formally initiate PMLA proceedings.
Bench reasoning tied the requirement to fair hearing principles embedded in the new criminal procedure code replacing portions of the earlier CrPC framework. Defence lawyers said the decision curbs ex parte cognisance practices that leave accused persons unaware of judicial steps.
Enforcement Directorate investigations often run concurrent with special court filings, making timing of hearings strategically significant for both sides. Prosecutors may need to resequence filings to comply with the mandated notice opportunity.
Lower courts across states will apply the precedent when special PMLA judges consider taking cognisance of complaints and attachment-linked charges. Academics note the intersection of BNSS transitional rules with continuing PMLA special procedures.
The judgment adds to a growing body of Supreme Court guidance harmonizing money laundering prosecutions with updated criminal procedure rights.
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