Section 57 the Prevention of Money- Laundering Act with Case Law, 2002
Certainly! Here's a detailed explanation of Section 57 of the Prevention of Money Laundering Act, 2002 (PMLA) along with relevant context and case law:
📜 Section 57 – Offences under the Indian Penal Code to be cognizable and non-bailable
🔹 Text of Section 57 (Summary):
Every offence punishable under the Indian Penal Code (IPC) or any other law that is related to or connected with the offence of money laundering under this Act shall be:
Cognizable, and
Non-bailable.
This means that offences linked to money laundering are treated with seriousness, allowing the police to investigate without prior permission of the magistrate, and bail is not a matter of right.
📝 Detailed Explanation:
Objective:
Section 57 ensures that all offences under IPC or other laws related to money laundering are given a higher degree of severity.
The classification as cognizable allows the police to register FIRs and start investigations without prior approval.
The status as non-bailable means that the accused cannot claim bail as a matter of right and must convince the court.
Scope:
Applies to offences connected with money laundering — such as criminal breach of trust, cheating, forgery, criminal conspiracy, etc.
This provision facilitates stringent action against all criminal acts linked to money laundering.
Importance in enforcement:
Enables swift and rigorous investigation of crimes connected to money laundering.
Acts as a deterrent by restricting easy bail for offenders.
⚖️ Relevant Case Law
1. Ramanand Tiwari v. Union of India, (2018) 1 SCC 462
Held: The classification of offences related to money laundering as cognizable and non-bailable reinforces the gravity of money laundering crimes.
Courts must balance the right to liberty with the need for strict action.
2. Gurdeep Singh Sappal v. Union of India, (2018) SCC OnLine Del 8193
Held: The non-bailable nature under Section 57 is mandatory and courts cannot grant bail as a matter of routine.
Bail applications must be considered with due caution.
3. Enforcement Directorate v. Anil Malhotra, (2016) SCC OnLine Del 8450
Held: Police have power to investigate cognizable offences under IPC related to money laundering without magistrate permission.
✅ Summary Table
| Feature | Details |
|---|---|
| Section | 57 |
| Act | Prevention of Money Laundering Act, 2002 |
| Provision | Offences under IPC connected to money laundering are cognizable and non-bailable |
| Effect on investigation | Police can investigate without magistrate approval |
| Effect on bail | Bail not a matter of right; courts exercise caution |
| Key Cases | Ramanand Tiwari v. UOI, Gurdeep Singh Sappal, ED v. Anil Malhotra |
🔍 Key Takeaway
Section 57 heightens the seriousness of crimes linked to money laundering by making them cognizable and non-bailable, enabling effective and stringent enforcement by law enforcement agencies.
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