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of <h1>New rulings limit ED arrests under PMLA, stress scheduled offence requirement and BNSS Section 223 safeguards</h1> Supreme Court decisions in 2024-2025 clarify that prosecutions under the Prevention of Money Laundering Act, 2002 based on complaints under Section 44(1)(b) are governed by general criminal procedure (CrPC, and prospectively BNSS), except where expressly inconsistent. The Court held that existence of a scheduled offence is a condition precedent for 'proceeds of crime' and any offence under Section 3 PMLA, and quashed a complaint lacking such predicate. It ruled that after complaint and cognizance, Enforcement Directorate cannot arrest accused named therein under Section 19 PMLA; custody must be sought from the Special Court. Summons, warrants, bonds and appearance are regulated by CrPC norms, protecting personal liberty. Under BNSS, Section 223's proviso mandating a pre-cognizance hearing of the accused applies to PMLA complaints filed after 1 July 2024, and non-compliance invalidates cognizance.
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