Tagged “pre-cognizance-hearing”

Parvinder Singh v. Directorate of Enforcement: BNSS s.223 pre-cognizance hearing is mandatory and substantive

On 19 May 2026, a two-judge bench held that the first proviso to Section 223(1) BNSS — requiring the accused to be heard before cognizance is taken on a complaint — is a mandatory, substantive Article 21 right; cognizance without compliance is void ab initio, and the rule applies to PMLA complaints where cognizance is taken on or after 1 July 2024 even if the complaint was filed earlier.