Post-BNSS prosecution complaints under PMLA require a hearing before cognizance; an order without it cannot stand.

A prosecution complaint filed after 01.07.2024 under the PMLA is governed by Section 223 of the BNSS, because the post-commencement complaint procedure applies through the relevant statutory linkages. The proviso to Section 223 bars cognizance unless the accused is first given an opportunity of being heard. As the cognizance order had been passed without observing that safeguard, it could not be sustained and was set aside.

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Issues: Whether a prosecution complaint filed after 01.07.2024 under the Prevention of Money-Laundering Act, 2002 is governed by Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and whether cognizance could be taken without first affording the accused an opportunity of being heard.

Analysis: The complaint in question was filed after the BNSS came into force. The Court relied on the statutory scheme and the Supreme Court's view that, for complaints filed after 01.07.2024, the procedure under Section 223 of the BNSS applies to complaints under the PMLA by virtue of the relevant statutory linkages. The proviso to Section 223 expressly bars cognizance without giving the accused an opportunity of being heard. Since the impugned cognizance order had been passed without complying with that safeguard, the order could not be sustained.

Conclusion: The complaint was held to be governed by Section 223 of the BNSS and the cognizance order was set aside for non-compliance with the requirement of hearing the accused before cognizance.

Ratio Decidendi: For a complaint filed after the commencement of the BNSS, cognizance cannot be taken without first giving the accused an opportunity of being heard where Section 223 applies.

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