AI Overview...
Summary of Cognizance under Section 223 of Cr.P.C. in Prevention of Money Laundering Act (PMLA)
Main Points and Insights
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Cognizance of Offences:
The principle of taking cognizance involves the court's awareness of a case based on the materials presented. Under Section 190(1) of Cr.P.C., a Magistrate can take cognizance of an offence either on a complaint or upon police report, provided the materials are sufficient to establish a prima facie case Asharaf & Others VS State Rep. by the AD. S. P. SIT, CBCID & Others - Madras, Asharaf & Others VS State Rep. by the AD. S. P. SIT, CBCID & Others - Madras. -
Role of Investigation and Evidence:
Investigation results, as per Chapter XII of Cr.P.C., serve as the basis for courts to decide whether to take cognizance. The conclusion drawn by an Investigating Officer from collected materials can only form the basis for a competent court to proceed Asharaf & Others VS State Rep. by the AD. S. P. SIT, CBCID & Others - Madras, Asharaf & Others VS State Rep. by the AD. S. P. SIT, CBCID & Others - Madras. -
Recording Disclosures:
Unlike Sections 164 of Cr.P.C. or Section 15 of TADA, there is no prescribed mode for recording disclosures under Section 27 of the Indian Evidence Act, 1872, in the context of PMLA. This impacts how evidence, especially confessions, is recorded and utilized Vishal Yadav VS State of U. P. - Delhi. -
Legal Framework for Offences under PMLA:
The Prevention of Money Laundering Act, 2002, and its amendments govern cognizance related to money laundering. The Act's provisions are aligned with the general criminal procedure, requiring a proper investigation and prima facie evidence before proceedings are initiated State through Superintendent of Police, CBI/SIT etc. VS Nalini, etc. etc. - Crimes. -
Judicial Approach:
Courts emphasize that the decision to take cognizance must be based on credible, admissible evidence, and the principles of natural justice and constitutional safeguards are integral. The court’s role is to ensure that proceedings are initiated only when there is sufficient material State Through Superintendent Of Police, Cbi/sit VS Nalini - Supreme Court.
Analysis and Conclusion
Cognizance under Section 223 of Cr.P.C. in the context of PMLA involves a careful assessment of investigation reports and evidence before initiating proceedings. The absence of a prescribed method for recording disclosures under Section 27 of the Evidence Act highlights the importance of adhering to procedural safeguards to ensure the legality of proceedings. Courts rely on the materials collected during investigation, and the decision to proceed must be grounded in credible evidence, aligning with constitutional principles and the statutory framework of the PMLA. Proper investigation and evidence evaluation are crucial for the court to take cognizance of money laundering offences effectively.
References:
- Asharaf & Others VS State Rep. by the AD. S. P. SIT, CBCID & Others - Madras, Asharaf & Others VS State Rep. by the AD. S. P. SIT, CBCID & Others - Madras: Principles of investigation and cognizance under Cr.P.C.
- Vishal Yadav VS State of U. P. - Delhi: Recording disclosures and evidence admissibility.
- State through Superintendent of Police, CBI/SIT etc. VS Nalini, etc. etc. - Crimes, State Through Superintendent Of Police, Cbi/sit VS Nalini - Supreme Court: PMLA provisions and judicial interpretations.
Search Results for "Cognizance U s 223 of Cr P C by Court in Prevention of Money Laundary Act"
1999 5 Supreme 60 • India - Supreme Court
S.S.M.QUADRI, D.P.WADHWA, K.T.THOMAS
(i) Terrorist and Disruptive Activities (Prevention) Act, 1987-Sections 3, 4 and 5- Death Reference-Evidence does not reflect that ... 198) ... (ii) Terrorist and Disruptive Activities (Prevention ... 60) ... (iii) Terrorist and Disruptive Activities (Prevention ... taking cognizance of the offence. ... which may take cognizance of the offence. ... THE TERRORIST AND DISRUPTIVE ACTIVITIES (PREVENTION) ACT, 1987"2. Definitions.- (1 In this #HL_STAR....
• India - Crimes
K.T.THOMAS, S.S.M.QUADRI, D.P.WADHWA
... (i) Terrorist and Disruptive Activities (Prevention) Act, 1987 ... (Para 60) ... (iii) Terrorist and Disruptive Activities (Prevention) ... to 189 and 191 to 198) ... (ii) Terrorist and Disruptive Activities (Prevention ... taking cognizance of the offence. ... These appeals by right are under Section 19 of the Terrorists and Disruptive Activities (Prevention) Act (TADA for short). The Special Judge submitted the records to this Court for confir....
2006 7 Supreme 44 • India - Supreme Court
P. K. BALASUBRAMANYAN, C. K. THAKKER, S. H. KAPADIA, Y. K. SABHARWAL, K. G. BALAKRISHNAN
This Court has held that secrecy of ballot and purity of elections should normally co-exist. ... the subject which ordinarily comes into play only in case the election is challenged by way of election petition before the High Court ... (i) Representation of People Act, 1951—Sections 3, 59, 94 and 128 as amended by Amending Act 40 of 2003, Section 80(4)—Substitution ... Suffice it to note here again that the committee took cognizance of "the emerging trend of cross voting in the elections for Rajya Sabha....
2024 Supreme(Online)(SC) 11715 • India - Supreme Court of India
Institutions Act, 2004 (amended 2010). ... , 1965, 1981 - Societies Registration Act, 1860 - University Grants Commission Act, 1956 - National Commission for Minority Educational ... (A) Article 30 of the Constitution of India - Aligarh Muslim University Act, 1920 - Aligarh Muslim University (Amendment) Acts, 1951 ... effect to the provisions of the Bombay Prevention of Excommunication Act, 1949. ... Provisions within the AMU Act focus on governance structures, academ....
2023 0 Supreme(Del) 349 • India - Delhi
J. R. MIDHA, GITA MITTAL
There is no prescribed mode for recording of the disclosures under 27 of the Indian Evidence Act, 1872, as has been provided u/s 164 of the Cr.P.C. or even u/s 15 of the Terrorist and Disruptive Activities (Prevention) Act, 1987. 543. ... The natural laws that Courts take cognizance of are the laws of gravitation, cohesion, optics, electricity, etc. Testimony which is directly contrary and in opposition to such laws should be ignored even without contradiction. ... That you both alongwith co-accused Sukhdev @ Pahlwan (PO....
1999 Supreme(Online)(SC) 47 • India - Supreme Court
*K. T. Thomas, *D. P. Wadhwa, *S. S. Mohammed Quadri, JJ.
taking cognizance of the offence. ... which may take cognizance of the offence. ... ... THE TERRORIST AND DISRUPTIVE ACTIVITIES (PREVENTION) ACT, 1987 ... "2. ... ... 2 These appeals by right are under S.19 of the Terrorists and Disruptive Activities (Prevention) Act (TADA for short). The Special Judge submitted the records to this Court for confirmation of the death sentence. ... A charge of conspiracy for offences under the Terrorist and Disruptive Activit....
2009 0 Supreme(Mad) 5650 • India - Madras
PRABHA SRIDEVAN, M.SATHYANARAYANAN
The result of investigation under Chapter XII of the Criminal Procedure Code is a conclusion that an Investigating Officer draws on the basis of materials collected during investigation and such conclusion can only form the basis of a competent Court to take cognizance thereupon Under Section 190(1)( ... Therefore, the principle of Exclusive Cognizance would not apply when and if the decision impugned is in derogation of a Constitutional provision. This is the basic working test to be applied while granting pardons, reprieves, remissions ....
2009 0 Supreme(Mad) 5657 • India - Madras
PRABHA SRIDEVAN, M.SATHYANARAYANAN
The result of investigation under Chapter XII of the Criminal Procedure Code is a conclusion that an Investigating Officer draws on the basis of materials collected during investigation and such conclusion can only form the basis of a competent Court to take cognizance thereupon Under Section 190(1)( ... Therefore, the principle of Exclusive Cognizance would not apply when and if the decision impugned is in derogation of a Constitutional provision. This is the basic working test to be applied while granting pardons, reprieves, remissions ....
2014 0 Supreme(Del) 1026 • India - Delhi
GITA MITTAL, J.R.MIDHA
There is no prescribed mode for recording of the disclosures under Section 27 of the Indian Evidence Act, 1872, as has been provided under Section 164 of the Cr.P.C. or even under Section 15 of the Terrorist and Disruptive Activities (Prevention) Act, 1987. ... 544. ... The natural laws that Courts take cognizance of are the laws of gravitation, cohesion, optics, electricity, etc. Testimony which is directly contrary and in opposition to such laws should be ignored even without contradiction. ... ... 223#HL_E....
• India - Delhi High Court
(Prevention) Act, 1987. ... The natural laws that Courts take cognizance of are the laws of gravitation, cohesion, optics, electricity, etc. ... ‖ 223. ... 2002 at about 12:30 (midnight) with the intention to murder and thereby you committed offence punishable U/s 364 r/w Sec.34 IPC and Crl.A.Nos.741, 910/2008 & 145/2012 24 yourself and your co-accused from legal punishment and thereby you committed offence u/s 201 IPC a....
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