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Shifting Regime of Bail Provisions under PMLA, 2002 with Respect to Constitutionalism and Developmental Justice

Ms. Shubhlaxmi Dubey

The author has come across the statute of Prevention of Money Laundering Act, 2002 (hereinafter to be referred as PMLA, 2002) and the functioning of bail provisions under the Act. The Act calls for excessive power granted to the enforcement directorate after the Amendment Act (No. 13) of 2018. In this research paper, the before and after complexities of bail provisions are discussed which has critically affected the rights of individuals. The aspect of constitutionalism and developmental justice is discussed that involves balancing the need to combat financial crimes vis-à-vis protecting fundamental rights. The enforcement directorate has given wide powers under the Act where the rights of accused has come to the secondary position. The hardships of twin bail conditions for accused person under PMLA. The various judicial pronouncements passed by Hon’ble Supreme Courts and High Courts leading to cause of dilemma to clearly understand the law on the point of bail.  The paper argues that the Supreme Court’s judgment in the Vijay Madanlal Choudhary V. Union of India case deviates from constitutional principles.  It criticizes the court’s decision as flawed.

Dubey, S. (2025). Shifting Regime of Bail Provisions under PMLA, 2002 with Respect to Constitutionalism and Developmental Justice. International Journal of Innovations & Research Analysis, 05(03(II)), 187–193. https://doi.org/10.62823/ijira/5.3(ii).8099

DOI:

Article DOI: 10.62823/IJIRA/5.3(II).8099

DOI URL: https://doi.org/10.62823/IJIRA/5.3(II).8099


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