Pre-cognizance hearing requirement under BNSS applies to post-1 July 2024 PMLA complaints, and cognizance without hearing was invalid.

A complaint under Section 44(1)(b) of the Prevention of Money Laundering Act filed after 1 July 2024 was governed by Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023, including the proviso requiring the accused to be heard before cognizance is taken. The Court treated the Enforcement Directorate complaint procedure as falling within the new procedural framework and held that prior hearing was a mandatory condition precedent to valid cognizance. Because no opportunity of hearing had been afforded before the Special Judge took cognizance, the cognizance order was set aside.

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Issues: Whether a complaint under Section 44(1)(b) of the Prevention of Money Laundering Act, 2002 filed after 1 July 2024 is governed by Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and whether cognizance taken without affording the accused an opportunity of being heard is liable to be set aside.

Analysis: The complaint having been filed after the commencement of the Bharatiya Nagarik Suraksha Sanhita, 2023, the procedure in Section 223 applied to the complaint, including the proviso requiring an opportunity of hearing before cognizance is taken. The complaint procedure for an Enforcement Directorate complaint was treated as falling within the framework corresponding to the earlier CrPC provisions, and the new statutory requirement of hearing before cognizance was held applicable. Since no such opportunity was afforded before the Special Judge took cognizance, the order suffered from non-compliance with the mandatory proviso.

Conclusion: The impugned cognizance order was set aside for failure to comply with the proviso to Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the appellant was entitled to be heard before cognizance is taken.

Ratio Decidendi: Where the governing procedural statute in force at the time of filing a complaint mandates that no cognizance shall be taken without giving the accused an opportunity of being heard, compliance with that requirement is a condition precedent to valid cognizance.

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