ARTICLE · 07 JUNE 2023

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Twin Conditions For Bail Under The PMLA

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The stringent twin conditions for grant of bail to persons arrested under the offence of money laundering are always in debate with frequent changes in jurisprudence around them.

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The stringent twin conditions for grant of bail to persons arrested under the offence of money laundering are always in debate with frequent changes in jurisprudence around them. This detailed essay scrutinizes these conditions and contrasts them with other laws.

I. Summary of section 45 of PMLA

Section 45 of the Prevention of Money Laundering Act, 2002 ('PMLA') lays down conditions to be satisfied for the purpose of granting bail to an accused charged with the offence of money laundering. The following points are noteworthy in this regard:

The said section states that no person accused of an offence under the PMLA shall be released on bail unless:

(i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and

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