PMLA
Prevention of Money Laundering Act, 2002
The Prevention of Money Laundering Act (PMLA), 2002 is India's primary law against money laundering. Like UAPA, it has bail provisions that effectively reverse the presumption of innocence.
- Enacted 2002; administered by the Enforcement Directorate (ED) under the Ministry of Finance.
- Section 45: Originally required the court to be satisfied that the accused was "not guilty" before granting bail — effectively reversing the "innocent until proven guilty" principle. The Supreme Court struck down this provision in 2018 (Nikesh Tarachand Shah v. Union of India), but Parliament re-enacted twin bail conditions in 2019.
- The Supreme Court upheld the re-enacted twin bail conditions in Vijay Madanlal Choudhary v. Union of India (2022).
- Proceeds of Crime: Attachment and confiscation of property — ED can provisionally attach property without court order.
- Criticism: Wide definition of "proceeds of crime," long period of investigation without trial, and low conviction rates similar to UAPA.
- ED arrests have grown significantly since 2014 — from a handful per year to hundreds annually, while conviction rates remain in single digits.
● Tracked since March 23, 2026 · last seen March 31, 2026 · updates as the daily brief publishes
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