Harmonizing BNSS With Special Laws Governing Corporate Crimes (PMLA, SEBI Act, Companies Act)
- IJLLR Journal
- Dec 26, 2025
- 2 min read
Yaju Yadav, LLB (Hons.), Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur
ABSTRACT
The introduction of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has reshaped India’s criminal procedure, but its impact on the prosecution of corporate crimes remains uncertain. Special laws such as the Prevention of Money Laundering Act, 2002, the SEBI Act, 1992, and the Companies Act, 2013 already provide their own mechanisms for investigation, bail, and trial, which often do not align neatly with the BNSS framework. This paper explores where these overlaps and conflicts arise, how courts have responded, and why harmonization between the general and special laws is necessary. It argues that clearer procedural guidelines are key to ensuring that corporate crimes are addressed both effectively and fairly.
Introduction
In 2023, India took a decisive step in reforming its criminal justice system by introducing the Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaced the five-decade-old Code of Criminal Procedure (CrPC). This shift was not merely symbolic; it embodies a significant shift in thinking about the operation of criminal law in the country, from how it investigates and prosecutes to the rights of the accused. Yet, as is the case with any reform, lingering questions about the relationship between the new law and existing special legislations remain, and the relationship is particularly fraught in nuanced areas such as corporate crime.
Corporate crimes are not the typical offences that the criminal justice system was historically designed to handle. These crimes are sophisticated and complex in nature and mostly involve layers of financial transactions, use of digital technologies, and actors spread across jurisdictions. Because of their unique nature, Parliament has, over time, enacted specialized laws such as the Prevention of Money Laundering Act, 2002 (PMLA), the Securities and Exchange Board of India Act, 1992 (SEBI Act), and the Companies Act, 2013. Each of these laws comes with its own procedures, agencies, and enforcement mechanisms, giving them a character very different from the general provisions found in the BNSS.
