What are the bail conditions under the PMLA?
Bail under Section 45 of the PMLA, 2002 is subject to twin conditions: the court must be satisfied there are reasonable grounds to believe the accused is not guilty and is not likely to commit any offence while on bail. The burden is effectively on the accused at the bail stage.
Legal Explanation
The Enforcement Directorate (ED) investigates PMLA cases through ECIRs and attachment proceedings. The accused must address the proceeds-of-crime linkage. Bail is restrictive and the trial takes place in Special PMLA Courts. Constitutional challenges to the reverse burden are available in appropriate cases.
Procedure
- 1Obtain the ECIR, attachment order, and prosecution complaint.
- 2Analyse the proceeds-of-crime and predicate offence linkage.
- 3Address the Section 45 twin conditions for bail before the Special Court.
- 4Challenge attachment before the Appellate Tribunal or High Court.
- 5Prepare defence on the source of funds and lack of mens rea.
Jurisdiction
Special PMLA Courts; Allahabad High Court; Appellate Tribunal PMLA.
Important Limitations
Twin bail conditions make PMLA bail restrictive. Reverse burden at bail stage.
Legal References
- PMLA, 2002 — Section 45 — Twin bail conditions
- PMLA, 2002 — Sections 5, 8 — Attachment and confirmation
What This Covers
Obtain the ECIR, attachment order, and prosecution complaint.
Analyse the proceeds-of-crime and predicate offence linkage.
Address the Section 45 twin conditions for bail before the Special Court.
Challenge attachment before the Appellate Tribunal or High Court.
Prepare defence on the source of funds and lack of mens rea.