[Section 223 BNSS] Cognizance On ED Complaint Can't Be Taken Without Hearing Accused: Delhi High Court

The Delhi High Court has observed that special court cannot take cognizance of the complaint filed by Enforcement Directorate (ED) without giving opportunity of hearing to the accused.

Justice Ravinder Dudeja set aside a special judge order dismissing the application of an accused in a PMLA case seeking a pre cognizance hearing in the money laundering case in terms of proviso to Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

The Court said that the impugned order failed to appreciate the applicability of Section 223 of the BNSS to a prosecution complaint filed under the Prevention of Money Laundering Act, 2002.

The judge relied on the Supreme Court ruling in Kushal Kumar Agarwal v. ED wherein it was held that since the PMLA complaint was filed after 1 July 2024, Section 223 BNSS, shall apply, mandating an opportunity of hearing to the accused before cognizance.

Taking note of the said decision, the Court said:

“Since the complaint bearing CC No. 25/2024 titled “Directorate of Enforcement Vs. Lakshay Vij & Ors.” has been filed after 01.07.2024, cognizance cannot be taken without conferring an opportunity of hearing to the accused.”

Justice Dudeja allowed the plea of accused Lakshay Vij who contended that the special judge and directed the trial court to afford him an opportunity to be heard before taking cognizance in terms of the proviso to Section 223 of BNSS and to proceed thereafter in accordance with law.

“However, it is clarified that bail applications, if any, moved by the petitioners in the trial court shall be decided on its own merits,” the Court said.

Title: Lakshay Vij v. ED

Citation: 2025 LiveLaw (Del) 974

Click here to read order