TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Special leave petition dismissed; Bharatiya Nyaya Sanhita, 2023 offences treated as PMLA scheduled offences despite unchanged Schedule</h1> <h3>Nagani Akram Mohammad Shafi Versus Union Of India & Anr.</h3> SC dismissed the special leave petition, refusing to interfere with the HC's order which held that offences under the Bharatiya Nyaya Sanhita, 2023 that ... Money Laundering - seeking grant of Regular Bail - scheduled offences - effect of repeal of IPC and CrPC and coming into effect of BNS - effect of references made in the PMLA to the provisions of the Indian Penal Code, 1860 (IPC) and the Code of Criminal Procedure, 1973 (CrPC) subsequent to repeal of those enactments through the coming into force of the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) - it was held by High Court that 'This Court is satisfied that offences under the Bharatiya Nyaya Sanhita, 2023 which correspond to offences listed in the PMLA Schedule, as erstwhile IPC provisions, are to be regarded as scheduled offences for the purposes of PMLA, 2002. The absence of a textual amendment of the Schedule does not disable the prosecution so long as the new law covers the same field of criminality.' HELD THAT:- It is not inclined to interfere with the impugned judgment and order of the High Court, at this stage; hence, the special leave petition is dismissed. 'We are not inclined to interfere with the impugned judgment and order of the High Court, at this stage; hence, the special leave petition is dismissed.' The Court declined to disturb the High Court's decision and dismissed the special leave petition limited to the legal question previously argued and decided by the High Court. The petitioner is permitted to seek interim relief anew: 'it shall be open to the petitioner to apply for bail afresh before the trial court.' Any such bail application 'shall be decided on its own merits.' All pending applications relating to the matter are disposed of. The ruling is confined to the scope of the challenge presented and does not preclude trial-court reconsideration of bail on a fresh, merits-based application.
TaxTMI 
TaxTMI 
