Kushal Kumar Agarwal vs Directorate Of Enforcement

The Supreme Court examined the procedural aspects of cognizance under the newly enacted Bhartiya Nagarik Suraksha Sanhita, 2023, specifically Section 223, which mandates examination of the complainant and witnesses on oath before cognizance is taken. The case involved a complaint under the Prevention of Money Laundering Act, 2002, filed shortly after the BNSS came into force. The court emphasized the importance of adhering to the procedural safeguards introduced by the BNSS, including the opportunity for the accused to be heard before cognizance. The judgment clarified the procedural requirements for initiating criminal proceedings under the new legislation.