Case Note & Summary
The Supreme Court dismissed an appeal against the Uttarakhand High Court's order rejecting default bail to the appellant, Parvinder Singh, in a money laundering case. The appellant was arrested on 27.04.2024 by the Directorate of Enforcement (ED) under the PMLA. A prosecution complaint was filed on 24.06.2024, within 60 days of arrest. The BNSS came into force on 01.07.2024. The appellant argued that under the first proviso to Section 223(1) BNSS, the complaint should have been filed within 60 days, and since it was filed on 24.06.2024 (before BNSS), he was entitled to default bail. The Court examined whether the BNSS proviso applies retrospectively. It held that procedural statutes are generally prospective unless clearly intended otherwise. The BNSS does not indicate retrospective operation for the proviso. Since the complaint was filed before BNSS commencement, the old CrPC applied. Under CrPC, the period for filing complaint was 90 days, and the complaint was within time. Therefore, no default bail arose. The appeal was dismissed.
Headnote
A) Criminal Procedure - Default Bail - First Proviso to Section 223(1) BNSS - Prospective Application - The issue was whether the first proviso to Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) applies to a PMLA complaint filed before the BNSS commencement date. The Court held that the BNSS is a procedural law but its provisions are not retrospective unless expressly or by necessary implication made so. The first proviso, which reduces the period for filing a complaint from 90 to 60 days for certain offences, applies only to complaints filed after the BNSS came into force. Since the complaint in this case was filed on 24.06.2024, before the BNSS commencement on 01.07.2024, the old law (CrPC) governed. The appellant was not entitled to default bail as the complaint was filed within 60 days of arrest. (Paras 2, 3, 5-10) B) Prevention of Money Laundering Act - Prosecution Complaint - Filing Within 60 Days - Default Bail - The appellant was arrested on 27.04.2024 and a prosecution complaint under Sections 44 and 45 PMLA was filed on 24.06.2024, within 60 days. The Court held that since the complaint was filed within the period prescribed under the old law (CrPC), the appellant could not claim default bail under the BNSS proviso. The High Court's rejection of the bail application was upheld. (Paras 3, 4, 11-13)
Issue of Consideration
Whether the first proviso to Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) applies to a prosecution complaint under the Prevention of Money Laundering Act, 2002 (PMLA) that was filed prior to the date of commencement of the BNSS.
Final Decision
Appeal dismissed. The High Court's order rejecting default bail is upheld. The first proviso to Section 223(1) BNSS does not apply to complaints filed before its commencement. The appellant is not entitled to default bail.
Law Points
- First proviso to Section 223(1) BNSS is prospective
- PMLA complaint filed before BNSS commencement governed by old law
- default bail not available if complaint filed within 60 days of arrest
