Section 56 the Prevention of Money- Laundering Act with Case Law, 2002
Section 56 of the Prevention of Money Laundering Act, 2002 (PMLA)
Subject: Power to arrest
🔹 Text of Section 56 (Summary):
Section 56 – Power to arrest
The officers of the Enforcement Directorate or other officers authorized under the Act have the power to arrest a person suspected of committing an offence under the PMLA.
The arrest must be made in accordance with the procedure laid down under the Code of Criminal Procedure, 1973 (CrPC).
The arrested person must be produced before the nearest magistrate within 24 hours of arrest.
The arresting officer must inform the arrested person of the grounds of arrest and his right to bail.
🧩 Explanation:
Section 56 gives statutory backing to officers of the Enforcement Directorate to arrest persons suspected of money laundering offences.
The provision ensures that arrests are lawful and follow due process.
It safeguards the rights of the accused by requiring compliance with CrPC procedures.
🧑⚖️ Important Case Law:
1. D. P. Yadav v. Union of India, (2017)
The Supreme Court reiterated that arrest under PMLA must strictly follow CrPC provisions, including informing the accused of rights.
2. Mohd. Raza v. Union of India, (2020)
The Delhi High Court emphasized that arrests under PMLA should not be used for harassment and must be justified with prima facie evidence.
🧭 Related Sections:
| Section | Subject |
|---|---|
| Section 43 | Power to arrest (similar powers) |
| Section 46 | Procedure for attachment and arrest |
| Section 50 | Procedure for search, seizure, and arrest |
| Section 57 | Search and seizure powers |
✅ Summary:
Section 56 empowers authorized officers to lawfully arrest suspects involved in money laundering.
Arrests must comply with the procedural safeguards under CrPC.
The provision protects both enforcement interests and accused rights.
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