Process As Punishment? Judicial Trends In Grant Of Bail Under The Prevention Of Money Laundering Act, 2002
- IJLLR Journal
- Feb 22
- 1 min read
Kunal J. Umale, Maharashtra National Law University, Nagpur, Maharashtra.
ABSTRACT
The “Prevention of Money Laundering Act, 2002 (PMLA)” is one of India`s most stringent economic offence statutes. Over the past decade, its application, especially in bail cases, has attracted intense judicial scrutiny, doctrinal tensions, and criticism. While the Act seeks to curb sophisticated financial crimes, critics argue that prolonged pre-trial detention under PMLA often results in process as punishment, infringing fundamental rights. This paper critically examines judicial trends in bail jurisprudence under Section 45 of the PMLA, explores recent Supreme Court and High Court rulings, analyses doctrinal underpinnings and constitutional dimensions, and evaluates whether bail standards under the Act remain just, reasonable, and aligned with core principles of criminal justice.
Keywords: Bail jurisprudence; Economic offences; Personal liberty; Prevention of Money Laundering Act, 2002; Process as punishment; Section 45 PMLA; Twin conditions.
