Supreme Court on PMLA Bail: Upholding Compassion and Administrative Empathy for Vulnerable Groups
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The Supreme Court has clarified that the proviso to Section 45 of the PMLA, which allows for easier bail for women, the sick, and the infirm, must be applied with administrative empathy. This ruling balances the stringent requirements of anti-money laundering laws with the ethical necessity of protecting vulnerable individuals' personal liberty.
The Supreme Court of India recently delivered a significant observation regarding the grant of bail under the Prevention of Money Laundering Act (PMLA), 2002. The Court emphasized that the proviso to Section 45(1) of the PMLA, which carves out exceptions for certain categories of persons, must be applied with 'administrative empathy.' This ruling serves as a crucial reminder of the need to balance state interests in curbing financial crimes with the protection of individual liberty, especially for vulnerable groups.
Under Section 45 of the PMLA, bail is generally difficult to obtain due to the 'twin conditions': the court must be satisfied that there are reasonable grounds to believe the accused is not guilty and that they are not likely to commit any offence while on bail. However, a proviso to this section allows the Special Court to grant bail to any person who is under the age of sixteen years, is a woman, or is sick or infirm, without strictly meeting the twin conditions.
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