India, May 22 -- The right of an accused to be heard before cognisance of charges against them under Bharatiya Nagarik Suraksha Sanhita (BNSS) is also applicable under the stringent Prevention of Money Laundering Act (PMLA), the Supreme Court has held, citing fair trial enshrined under the Constitution's Article 21.

"Chapter XVI of [the] BNSS [containing section 223] does not merely regulate the manner in which the proceedings are to be conducted...it confers a right upon the accused to be heard before taking cognisance, which forms a part of the right of an accused to a fair trial...", said a bench of Justices MM Sundresh and N Kotiswar Singh on May 19, as it heard an appeal of an accused charged under PMLA in 2023 and arrested after BN...