The Supreme Court has delivered a landmark ruling interpreting the new Bharatiya Nagarik Suraksha Sanhita (BNSS), declaring that a pre-cognisance hearing for the accused is a mandatory substantive right under Article 21. This decision, which quashed PMLA proceedings for non-compliance, reinforces the 'citizen-centric' design of BNSS and has major implications for criminal procedure, especially in special statutes like PMLA.
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1-Minute Revision
- ›BNSS Effective Date: July 1, 2024
- ›Replaced: Criminal Procedure Code (CrPC), 1973
- ›Target this Data: BNSS replaced CrPC on July 1, 2024.
- ›Target this Nodal Body: Supreme Court (Bench: Justices M M Sundresh & N Kotiswar Singh).
- ›Target this Legal Point: First proviso to Section 223(1) of BNSS mandates hearing before cognisance, linked to Article 21.
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