• UGI USER
  • Jun 22, 2024
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LEGAL CONTROVERSY UNDER PMLA

Why in the news?

  • Legal Controversy Over Bail in PMLA Cases: The Delhi High Court intervened after a trial court granted bail to Delhi CM Arvind Kejriwal under PMLA charges, prompting legal debate over the application of the ‘twin test’ for bail.
Source: TH

About Court’s Directive:

  • Section 45 of the PMLA mandates stringent conditions for bail, requiring courts to consider if there are reasonable grounds to believe the accused is innocent and unlikely to re-offend while on bail.
  • Similar bail conditions exist in other serious offence laws like the UAPA, emphasizing the gravity of crimes like money laundering.
Understanding Twin Test  of Bail Under PMLA

  • Burden of Proof: Section 45 of the PMLA shifts the burden of proving innocence entirely to the accused seeking bail.
  • No Further Offences: The accused must also demonstrate to the court that they will not engage in any criminal activity while on bail.
  • Impact: These stringent conditions significantly restrict the possibility of bail for individuals under the PMLA, emphasizing a high standard of proof and future conduct.