Section 61 the Prevention of Money- Laundering Act with Case Law, 2002
Certainly! Here's a detailed explanation of Section 61 of the Prevention of Money Laundering Act, 2002 (PMLA):
Section 61 — Protection of Action Taken in Good Faith
Text Summary:
No suit, prosecution, or other legal proceeding shall lie against the Central Government, the Director, any officer or other person authorized under this Act, for anything which is in good faith done or intended to be done in pursuance of this Act or any rules or regulations made under it.
Key Points Explained:
| Aspect | Explanation |
|---|---|
| Who is protected? | Central Government, Director, officers, and other persons acting under the Act. |
| Scope of protection | Protection from legal liability for actions done in good faith under PMLA. |
| Purpose | To encourage and enable effective enforcement without fear of harassment through lawsuits for honest actions. |
| Limitations | Protection applies only to acts done in good faith, not to willful misconduct or malafide acts. |
🧑⚖️ Relevant Case Law:
Courts have generally upheld such immunity provisions to allow officials to perform their duties without undue fear of personal legal consequences, provided they act within the law and without malafide intent.
Summary Table:
| Provision | Section 61 PMLA |
|---|---|
| Purpose | Immunity for officials for acts done in good faith |
| Who Protected | Central Govt, Director, officers, authorized persons |
| Protection Against | Suits, prosecutions, or legal proceedings |
| Condition | Acts must be done in good faith |
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