Case No.
Criminal Appeal No. 2749 of 2025
Bench
Abhay S. Oka, Ujjal Bhuyan
Citation
[2025] 5 S.C.R. 730 : 2025 INSC 760
Acts & Sections
Bharatiya Nagarik Suraksha Sanhita, 2023
Prevention of Money Laundering Act, 2002
Supreme Court Reports
[2025] 5 S.C.R. 730 : 2025 INSC 760
Issue for consideration
An opportunity of being heard was not given by the Special Judge to the appellant-accused before taking cognizance of the offence on the complaint. Whether opportunity of being heard is required in terms of the proviso to sub-section (1) of s.223 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Headnote
Bharatiya Nagarik Suraksha Sanhita, 2023 – Proviso to sub-section (1) of s.223 – Prevention of Money Laundering Act, 2002 – s.44(1)(b) – Examination of complaint u/s. 223 BNSS – Opportunity of being heard to the accused – In this case, admittedly, an opportunity of being heard was not given by the Special Judge to the appellant-accused before taking cognizance of the offence on the complaint – Correctness: Held: The proviso to sub-section (1) of s.223 puts an embargo on the power of the Court to take cognizance by providing that no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard – The impugned order dated 20.11.2024, is set aside only on the ground of non-compliance with the proviso to sub-section (1) of s.223 of the BNSS – Therefore, appellant is directed to appear before the Special Court, so that he can be given an opportunity of being heard in terms of the proviso to sub-section (1) of s.223 of the BNSS. [Paras 6, 10, 12]
Keywords:
Proviso to sub-section (1) of s.223 of Bhartiya Nagarik Suraksha Sanhita, 2023 · Examination of complaint · Opportunity of being heard to the accused
As published in the Supreme Court Reports, Supreme Court of India.
Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs),
CC BY 4.0.
Full Judgment Text
Order
Abahy S Oka, J.
1. Leave granted.
2. Heard the learned counsel appearing for the appellant and the learned Additional Solicitor General appearing for the respondent.
3. In the present case, a complaint was filed under Section 44(1)(b) of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as “the PMLA”) on August 2, 2024. The appellant is shown as accused in the complaint. The Bhartiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as “the BNSS”) came into force on July 1, 2024. Section 223 of the BNSS reads thus: “223. Examination of complainant.
(1)A Mag
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