INDIA Law and Practice Contributed by: Vijayendra Pratap Singh, Asif Ahmed, Bhanu Jindal and Khushi Mittal, AZB & Partners
The defence strategy in respect of white-collar offenc - es will necessarily be shaped by the specific defences available under the laws of the jurisdiction in which the investigation is being conducted. 5. Key Trends and Future Outlook 5.1 The Year Ahead The Supreme Court is slated to commence hearing of a review petition against the landmark decision of Vijay Madanlal Choudhury v Union of India, [2022] 6 SCR 382 , which upheld the constitutional validity of the PMLA. The petition raises various critical consti - tutional issues relating to the validity of the reverse burden of proof, the obligation of the ED to provide the accused with an Enforcement Case Information Report (ECIR) filed against them, and other things. The Supreme Court is presently considering the appli - cability of Section 223 of the BNSS to chargesheets for which cognisance was taken prior to 1 July 2024. This is a very important issue given that Section 223 of the BNSS introduces, for the first time, a substantive right for the accused to be heard before any cogni - sance is taken on a chargesheet.
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