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Supreme Court Mandates Pre-Cognisance Hearing Under BNSS Section 223(1), Quashes PMLA Proceedings as Void Ab Initio

PolityCORE
Target:UPSC GS-IIMPSCSSC GATeachingPrelims HighMains HighStatic GK Link
21 May 2026
~2 min
Source: Indian Express
Key Data:July 1, 2024BNSS Section 223(1)Article 21
Bodies:Supreme CourtEnforcement Directorate (ED)Uttarakhand High Court
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What This Article Covers

1.SC mandates hearing accused before cognisance under BNSS Section 223(1), linking it to Article 21's fair trial guarantee.

2.Court quashed PMLA proceedings against Parvinder Singh, ruling cognisance taken without hearing is 'void ab initio'.

3.Rejected ED's 'stand-alone statute' and 'inquiry' arguments, warning of 'disastrous consequences' for criminal justice.

The Big Picture
Prelims · HighMains · High

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.

Exam Lens

Quick Exam Facts From News

BNSS Effective DateJuly 1, 2024
ReplacedCriminal Procedure Code (CrPC), 1973
Key SectionBNSS Section 223(1)
SC BenchJustices M M Sundresh & N Kotiswar Singh
Verdict DateMay 20, 2026

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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Q1Static LinkageEasy

The Bharatiya Nagarik Suraksha Sanhita (BNSS), discussed in the news, replaced which earlier legislation governing criminal procedure in India?

Q2Statement-basedHard

Consider the following statements regarding the Supreme Court judgment discussed in the news:

1. The Court held that the hearing before cognisance under BNSS is a substantive right flowing from Article 21 of the Constitution.

2. The Court accepted the Enforcement Directorate's argument that the PMLA is a stand-alone statute, making BNSS procedures inapplicable.

3. The Court ruled that cognisance taken without the mandatory hearing under Section 223(1) of BNSS is 'void ab initio'.

Which of the statements given above is/are correct?

Q3Data-centricMedium

From which date did the Bharatiya Nagarik Suraksha Sanhita (BNSS) come into force, as per the article?

Q4Application/ImpactMedium

What was the primary constitutional basis cited by the Supreme Court for mandating a pre-cognisance hearing under the BNSS?

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