Anticipatory Bail Under the PMLA: Section 45 Still Governs
The Supreme Court’s 2024 decision concerning anticipatory bail in PMLA cases confirmed that the special conditions in Section 45 cannot be avoided merely because the applicant seeks protection before arrest rather than release after arrest.
Interaction of the statutes
The PMLA does not create a separate anticipatory-bail provision. The power arises under Section 438 CrPC for proceedings governed by that Code, corresponding to Section 482 BNSS for the current procedural regime. Section 65 PMLA applies general criminal procedure where it is not inconsistent with the special Act, while Section 71 gives the PMLA overriding effect in case of inconsistency.
The Section 45 threshold
Where Section 45 applies, the prosecution receives an opportunity to oppose. If it opposes, the court must address reasonable grounds concerning guilt and the likelihood of further offending. Ordinary anticipatory-bail factors—nature of accusation, cooperation, flight risk and possibility of misuse of arrest—remain relevant but do not replace the statutory test.
No mechanical refusal
The conditions are strict, not automatic. A court must examine the alleged proceeds, the applicant’s specific role and the supporting material. It should also consider whether custodial interrogation is genuinely necessary and whether conditions can secure cooperation.
Procedural accuracy after 1 July 2024
Applications must identify whether the CrPC or BNSS governs. Section 438 CrPC should not be silently relabelled as Section 482 BNSS in an older proceeding; commencement and savings provisions control. The substantive Section 45 PMLA conditions remain central in either procedural setting.
Sources
Supreme Court of India, judgment dated 16 May 2024 addressing PMLA anticipatory bail and Tarsem Lal, 2024 INSC 434: https://api.sci.gov.in/supremecourt/2023/53731/53731_2023_7_1502_53220_Judgement_16-May-2024.pdf
Prevention of Money-Laundering Act, 2002, Sections 45, 65 and 71: https://dor.gov.in/prevention-money-laundering
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482: https://www.indiacode.nic.in/bitstream/123456789/20335/1/a2023-46.pdf
#PMLABail #AnticipatoryBail #BNSS