Does S.223 BNSS (Hearing Of Accused Pre-Cognizance) Apply To PMLA Cases If Investigation Began Before July 1, 2024? Supreme Court To Decide

The Court orally observed that S.223 BNSS was a substantive provision and can't be regarded as merely procedural.

'Order Taking Cognizance Of PMLA Complaint Quashed' : Supreme Court Grants Bail To Ex-IAS Officer In Chhattisgarh Liquor Scam

The Supreme Court today (April 15) granted bail to former IAS officer Anil Tuteja in a money laundering case arising out of the alleged Chhattisgarh liquor scam, noting that the order of trial court taking cognizance of the money laundering case has been set aside.A bench of Justice Abhay S Oka and Justice Ujjal Bhuyan observed that the principles laid down in V. Senthil Balaji v. Deputy Director would apply to the present case, as Tuteja has been under incarceration for about a year and no...

Book Launch: 'The PMLA Evolution – Judgments That Transformed The Prevention Of Money Laundering Act 2002' Authored By Adv. Sunny Punamiya

The launch of the book “The PMLA Evolution – Judgments that Transformed the Prevention of Money Laundering Act, 2002” was a significant and well-attended event held recently in Mumbai. The evening saw the presence of some of the most respected names in the legal fraternity, who came together to celebrate a book that promises to simplify one of the most complex areas of law—money laundering.The book was formally released by four eminent dignitaries:Justice Swatantra Kumar, Retired Judge...

Till Conviction Rate In PMLA Cases Improves, People Will Remain Sceptical About ED Arrests: Justice Ujjal Bhuyan

Even though the Prevention of Money Laundering Act (PMLA) is an important weapon to combat money laundering, its abysmally low conviction rates are one of the major reasons for the Supreme Court to grant bail in cases arising from the said act, Justice Ujjal Bhuyan said on Sunday.The judge pointed out that from 2014 to 2024, while the Enforcement Directorate (ED) has lodged over 5.3 thousand cases, but the agency has managed to secure convictions only in 40 such cases. "The PMLA is a weapon...

PMLA | Not Mandatory For Court To Conclude That Accused Is Innocent Before Granting Bail: Punjab & Haryana High Court

The Punjab & Haryana High Court has said that for the purpose of granting bail to an accused under the Prevention of Money Laundering Act (PMLA), it is not a mandatory requirement that the Court must arrive at a finding that the petitioner had not committed any offence under the PMLA.Justice N.S. Shekhawat said, "Therefore, this Court has no hesitation to hold that the restrictions, while considering the matter of bail, are required to be construed reasonably. If the Court comes to the...

[Book Launch] "The PMLA Evolution-Judgements That Transformed The Prevention Of Money Laundering Act, 2002” By Advocate Sunny Punamiya [5th April]

Lunch of the book "PMLA Evolution: Judgments that Transformed the Prevention of Money Laundering Act, 2002", authored by Advocate Sunny Punamiya is scheduled on April 5th, 2025 at Bombay Gymkhana in the presence of esteemed guests. This landmark work simplifies the highly technical PMLA law and decodes key judicial rulings, especially post the Vijay Madanlal Choudhary decision. Designed for lawyers, students, and curious non-lawyers alike, it bridges the gap between complex...

Book Launch: 'Treatise On PMLA Law & Practice' (2nd Edition) Authored By Akhilesh S. Dubey, Advocate & Solicitor [6th April]

Bharat Law House Pvt Ltd has announced the release of “Treatise on PMLA (Prevention of Money-Laundering Act, 2002) Law & Practice” (Second Edition), authored by Mr. Akhilesh S. Dubey, Advocate & Solicitor (U.K.). The book launch ceremony will be held on Sunday, 6th April 2025, at 10:30 AM at the South Lounge, Ground Floor, Center-1, World Trade Center, Cuffe Parade, Mumbai.Event Highlights • Chief Guest: Justice Ujjal Bhuyan, Judge, Supreme Court of India • Guest of Honour: Justice Alok...

BNSS & BSA Grant Discretion To Summon, Examine Witnesses Allowing Trial Courts To Determine How To Proceed In PMLA Cases: Kerala High Court

The Kerala High Court has held that Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshiya Adhiniyam (BSA) grant discretion in the manner for summoning and examining witnesses, allowing the Trial Court to determine whether to proceed with the PMLA trial or to keep it in abeyance until the predicate offence trial is concluded.A division bench of Justice A.Muhamed Mustaque and Justice P. Krishna Kumar observed that delaying the PMLA trial until the conclusion of the trial in the...

PMLA | For Acts Done Prior To Enactment Penalty Follows Only If Proceeds Of Crime Are Utilized, Article 20(1) Is Not Violated: Kerala HC

The Kerala High Court has held that Prevention of Money-Laundering Act, 2002 does not penalize a person for his past actions, but penal consequences only follow when the accused utilizes the proceeds of the crime from past actions for money laundering after the enactment of PMLA and the amendment to its schedule in 2009. The Court thus held that Section 3 of the PMLA criminalizes the act of money laundering and does not violate Article 20(1) of the Constitution.The appellant/petitioners had...

PMLA | Person Need Not Be Named As Accused In Complaint To Retain Seized Property Under Section 8(3) : Supreme Court

While dealing with a challenge to retention of an accused's electronic items, documents, etc. under the Prevention of Money Laundering Act, the Supreme Court recently observed that a person need not be named as an accused in the complaint in order for Section 8(3)(a) (dealing with continuation of retention) to apply. Rather, it is sufficient if a complaint alleging commission of an offense under Section 3 of the Act is pending."clause (a) will apply during the continuation of the proceedings...

PMLA Review: Supreme Court Lists Pleas Challenging Vijay Madanlal Choudhary Judgment On March 6

The Supreme Court is set to hear on March 6 the review petitions filed against the Vijay Madanlal Choudhary judgement, which upheld various provisions of the Prevention of Money Laundering Act (PMLA).It may be recalled that a bench of Justices Surya Kant, CT Ravikumar (now retired) and Ujjal Bhuyan was dealing with the matter. However, after the retirement of Justice Ravikumar, a need arose for reconstitution of the bench.The pleas were first listed on August 7, 2024, but the hearing kept...

Courts Can't Punish PMLA Accused Only Because ED Tosses Large Volume Of Documents In Complaint: Delhi Court Grants Bail

While granting bail to a man in a money laundering case, a Delhi Court has recently observed that a PMLA accused cannot be presumed to be guilty only because ED tosses large volume of documents in the complaint to magnify the alleged offence.“Nor can courts allow themselves to be a tool to punish the accused by presuming that he is guilty only because the Enforcement Directorate tossed over a large volume of documents and used embellishments in the complaint magnifying the offence as...