JOURNAL ARTICLE
PMLA 2002's Gremlins: Anatomizing the Labyrinth of Recent Amendments and Precedent.
Published In: Statute Law Review, 2023, v. 44, n. 1. P. 1 1 of 3
Database: Legal Source 2 of 3
Authored By: Lalli, Jaideep Singh; Garg, Nikita 3 of 3
Abstract
The article critically examines interpretative challenges and judicial conflicts surrounding India's Prevention of Money Laundering Act (PMLA), focusing on four key areas: the relationship between money laundering and its predicate offences, the applicability of the Code of Criminal Procedure (CrPC) to PMLA investigations, the duty to inform arrested persons of grounds of arrest, and the status of bail conditions under the Act. It highlights how conflicting court decisions and multiple amendments have created uncertainty in enforcement mechanisms such as property attachment, investigation by the Enforcement Directorate, arrest procedures, and bail grants. The article proposes a nuanced interpretative framework to harmonize these issues, emphasizing the necessity of predicate offences for money laundering prosecution, selective application of CrPC provisions to PMLA processes, the importance of furnishing written grounds of arrest, and the revival of stringent bail conditions post-2018 amendments. This analysis aims to guide judicial clarity and ensure balanced enforcement of the PMLA in combating money laundering while safeguarding legal rights.
Additional Information
- Source:Statute Law Review. 2023/04, Vol. 44, Issue 1, p1
- Document Type:Article
- Subject Area:Computer Science
- Publication Date:2023
- ISSN:01443593
- DOI:10.1093/slr/hmab002
- Accession Number:163424472
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