PMLA
24 articles tagged with "PMLA".
Section 223 BNSS: The Supreme Court Just Turned a Procedural Formality into a Veto Power
When the Bharatiya Nagarik Suraksha Sanhita replaced the CrPC in July 2024, most practitioners treated the first proviso to Section 223(1) —which mandates that a Magistrate give the accused an opportunity of hearing before taking cognizance—as little...
The Death of Ex-Parte Cognizance: Why the Supreme Court’s Ruling on Section 223(1) BNSS Rewrites Magisterial Practice
The Paradigm Shift in Pre-Summoning Locus For decades, a cardinal rule of criminal practice in India was drummed into every young litigator: an accused has no locus standi prior to the issuance of process . Under the old Code of Criminal Procedure (C...
The End of Ex-Parte Cognizance: How the Supreme Court’s 2026 BNSS Rulings are Rewriting Criminal Practice
The Pre-Cognizance Wall: Section 223(1) BNSS For decades, the bedrock of Indian criminal procedure regarding private complaints was simple: the accused has no locus standi before the issuance of process. Under the old Code of Criminal Procedure (CrPC...
The Supreme Court is Biting Back: How 2026 Rulings on BNSS Sections 223 and 193 are Reshaping Criminal Defense
When the Bharatiya Nagarik Suraksha Sanhita (BNSS) replaced the Code of Criminal Procedure (CrPC) in July 2024, the defense bar was largely skeptical. Many viewed the new code as a repackaged CrPC with expanded police powers and extended custody peri...
The Ghost No More: Supreme Court Elevates Section 223(1) BNSS to a Substantive Right, Changing Complaint Cases Forever
The Paradigm Shift in Pre-Cognizance Procedure For decades, criminal defense lawyers in India operated under a settled, albeit frustrating, procedural reality under the Code of Criminal Procedure, 1973 (CrPC): at the pre-cognizance stage of a private...
The BNSS Liberty Battleground: How the Supreme Court is Taming India’s New Criminal Code in 2026
The Dust Settles: BNSS Moves from Theory to Practice For the past two years, the legal fraternity has been debating the theoretical implications of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Nyaya Sanhita (BNS). But the mid-2026 ...
The Supreme Court Uses BNSS to Clip Investigating Agencies' Wings: Why Sections 223(1) and 193(9) Will Reshape Your Defense Strategy
The End of Mechanical Cognizance and Unchecked Investigations For decades, the Indian criminal defense bar has battled a systemic lethargy at the Magistrate and Special Court levels. The mechanical taking of cognizance and the endless, unilateral "fu...
The BNSS Litmus Test: Supreme Court Shuts the Door on Default Bail Loopholes While Opening Pre-Cognizance Defenses
The Dust Settles on the New Criminal Codes For the Indian criminal bar, 2026 has been a year of unlearning and relearning. As the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Nyaya Sanhita (BNS) transition from academic debates to dail...
The Pre-Cognizance Paradigm Shift: Why the Supreme Court’s Reading of Section 223(1) BNSS Changes Criminal Practice Overnight
The Death of the "Silent Accused" at the Threshold For decades, a cardinal rule of Indian criminal jurisprudence dictated that a proposed accused had no locus standi at the pre-cognizance stage. Under the old Code of Criminal Procedure (CrPC), when a...
The Pre-Cognizance Revolution: How the Supreme Court is Using the BNSS to De-Fang the PMLA and Frivolous Summons
The Tectonic Shift in Pre-Trial Procedure For decades, criminal defense practitioners have fought a losing battle at the cognizance stage. Under the old Code of Criminal Procedure (CrPC), Magisterial application of mind was often a rubber-stamping ex...
Beyond the CrPC Hangover: Supreme Court Draws Hard Lines on BNSS Quashing, Jurisdiction, and PMLA Hearings
For the Indian criminal defense bar, the transition from the Code of Criminal Procedure (CrPC) to the Bharatiya Nagarik Suraksha Sanhita (BNSS) has felt less like a revolution and more like a high-stakes game of procedural musical chairs. But as the ...
The IBC (Amendment) Act 2026: Bypassing the NCLT Bottleneck and Stripping the Promoter’s Shield
For corporate insolvency practitioners, the admission stage under Section 7 of the Insolvency and Bankruptcy Code (IBC) has historically been a graveyard of statutory timelines. What was envisioned as a swift 14-day admission process routinely morphe...
The Supreme Court Draws a Hard Line on BNSS: Pre-Cognizance Hearings Under Section 223(1) Are Now Non-Negotiable
The Tectonic Shift in Complaint Cases For decades, the Indian criminal justice system has been plagued by the weaponization of the private complaint ( istigasa ). Under the old Code of Criminal Procedure (CrPC), a Magistrate could routinely take cogn...
The BNSS as a Shield: Supreme Court Sharpens Threshold Defenses in 2026
The Dust Settles on the BNSS: A Shift in Defense Strategy For criminal practitioners, 2026 is proving to be the year the theoretical debates surrounding the Bharatiya Nagarik Suraksha Sanhita (BNSS) finally hit the ground in trial courts. While much ...
Taming the BNSS: How the Supreme Court is Weaponizing Sections 528 and 225 to Protect the Accused
When the Bharatiya Nagarik Suraksha Sanhita (BNSS) replaced the Code of Criminal Procedure (CrPC), the criminal defense bar braced for a prosecution-heavy regime. But as we parse through the jurisprudence of the first half of 2026, a distinct and rea...
The Death of the Eleventh-Hour Settlement: How the IBC Amendment Act 2026 and the Supreme Court Have Cornered Promoters
The End of the "Admit Now, Settle Later" Playbook For years, Indian promoters and their legal counsel have treated the National Company Law Tribunal (NCLT) as a high-stakes bargaining table. The standard strategy for a defaulting Corporate Debtor (CD...
The Death of the 15-Day Rule: How the Supreme Court’s Reading of BNSS Sections 187(2) and 38 Tilts the Scales Toward Police
The End of the Anupam J. Kulkarni Era For decades, the golden rule of criminal defense practice at the remand stage was simple: survive the first 15 days. Under Section 167 of the old Code of Criminal Procedure (CrPC), read with the Supreme Court’s l...
The End of the Mechanical FIR? Supreme Court’s 2026 BNSS Rulings Shift the Pre-Trial Balance of Power
For the first year and a half after the Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Nyaya Sanhita (BNS) came into effect, the legal fraternity treated the new codes as little more than a frustrating exercise in memorizing new section numb...
The Judiciary Draws a Line in the Sand: Why the Supreme Court’s Latest BNSS Rulings are a Lifeline for the Defense Bar
When the Bharatiya Nagarik Suraksha Sanhita (BNSS) replaced the Code of Criminal Procedure (CrPC), the defense bar held its collective breath. With expanded police custody provisions and new attachment powers, many feared the new code would become a ...
Supreme Court Erects a Procedural Firewall: How Recent BNSS Rulings Reshape Arrests, FIRs, and PMLA Defense
The Dawn of the BNSS Era: Procedure as the Ultimate Safeguard For the Indian criminal defense bar, the transition from the Code of Criminal Procedure, 1973 (CrPC) to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has been a period of high anxiet...
BNSS Takes Bite: Supreme Court Draws Hard Red Lines on PMLA Cognizance, Arrests, and Magisterial Overreach
The New Code is Not Just Old Wine in a New Bottle If you thought the transition from the CrPC to the Bharatiya Nagarik Suraksha Sanhita (BNSS) was merely an exercise in renumbering sections, recent Supreme Court rulings from early 2026 should serve a...
The BNSS Honeymoon is Over: Supreme Court Tightens the Noose on Arrests and "Further Investigation"
The 2026 Shift: From Statutory Text to Judicial Precedent As the initial chaos surrounding the transition from the CrPC to the Bharatiya Nagarik Suraksha Sanhita (BNSS) settles, 2026 is proving to be the year where the appellate courts are giving the...
The Supreme Court's 2026 BNSS Rulings: Ending the Era of Unilateral Police Action
The Transition is Over: BNSS Gets Teeth For the defense bar, the transition from the Code of Criminal Procedure (CrPC) to the Bharatiya Nagarik Suraksha Sanhita (BNSS) was initially met with a mix of apprehension and skepticism. Was this just old win...
The BNSS Arrest Regime Solidifies: SC Mandates "Fresh Materials" for Arrest Post-Notice, Tightens Remand Rules
The End of the "Cooperate and Arrest" Trap? For the Indian defense bar, 2026 is proving to be the year where the dust finally settles on the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) . While many feared the new code would merely be old wine in ...
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