VidhiSangh

Supreme Court of India · 19/05/2026

PARVINDER SINGH versus DIRECTORATE OF ENFORCEMENT

[2026] 6 S.C.R. 486 · 2026 INSC 519

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Where a PMLA prosecution complaint was filed before the BNSS came into force but cognizance was taken afterwards, the first proviso to Section 223(1) BNSS applied, because merely numbering the complaint and listing it for cognizance is not an 'inquiry' saved by Section 531(2)(a). The right to be heard before cognizance is substantive and mandatory, so cognizance taken without hearing the accused was void and was set aside without any need to show prejudice.

Issues

  1. Whether the complaint provisions of the CrPC/BNSS (Sections 200 to 205 CrPC, now Sections 223 to 228 BNSS) apply to a complaint under Section 44(1)(b) of the PMLA, and whether Kushal Kumar Agarwal required reconsideration.
  2. Whether an 'inquiry' was pending before 01.07.2024 within Section 531(2)(a) BNSS when the Special Court had only registered the complaint and listed it for cognizance.
  3. Whether cognizance taken without hearing the accused under the first proviso to Section 223(1) BNSS is void, and whether the accused must show prejudice.

Provisions considered

Held

Result

Appeal allowed; the High Court judgment dated 19.05.2025 and the Special Court's cognizance order dated 02.07.2024 were set aside; the Special Court was directed to hear the appellant and proceed from the stage of cognizance within 8 weeks of receiving the judgment.

Judgment PDF: Supreme Court of India, [2026] 6 S.C.R. 486.