ValkyaEditorial

Tagged “section-50”

1 article on section-50.

Landmark JudgmentSupreme Court of India

Prem Prakash v. Directorate of Enforcement: how the Supreme Court reaffirmed 'bail is the rule' under the PMLA

On 28 August 2024, the Supreme Court granted bail to Prem Prakash — an associate of the then-Chief Minister of Jharkhand — in a Prevention of Money Laundering Act, 2002 matter, after he had spent over a year in custody. The judgment reaffirmed the constitutional principle that 'bail is the rule, jail is the exception' in PMLA cases, held statements made by an accused while in PMLA custody to be inadmissible against him under Section 50 PMLA, and continued the post-Vijay Madanlal arc in which the Court has moderated the operation of the twin bail conditions where prolonged incarceration meets the proportionality test of liberty. A digest of the holding, the doctrinal frame, and where the PMLA bail line stands now.

Valkya Editorial··8 min