Kabir, aged 17 years, has been arrested for laundering a sum of ₹ 51 Lakh as, it is a cognizable and non-bailable offence punishable, with a term of imprisonment for more than three years under the Prevention of Money La
CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · December 2023
Kabir, aged 17 years, has been arrested for laundering a sum of ₹ 51 Lakh as, it is a cognizable and non-bailable offence punishable, with a term of imprisonment for more than three years under the Prevention of Money Laundering Act, 2002. He proceeded for bail before the Court, stating that he is a minor and bail can be granted. State whether he would succeed.
Answer & Explanation:
Section 45 of the Prevention of Money Laundering Act, 2002 provides that the offences under the Act shall be cognizable and non-bailable, notwithstanding anything contained in the Code of Criminal Procedure, 1973, no person accused of an offence punishable for a term of imprisonment of more than three years under Part A of the Schedule, shall be released on bail or on his own bond unless- The Public Prosecutor has been given an opportunity to oppose the application for such release and Where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. In case of any person who is under the age of 16 years or in case of woman or in case of a sick or infirm or is accused either on his own or along with other co-accused of money-laundering a sum of less than one crore rupees, the Special Court can direct the release of such person on bail. Since, Kabir is not a woman and he is above the age of 16 years, he cannot be released on bail on the ground that he is a minor. However, considering the threshold of ₹ 1 crore and above for money-laundering accusation, he can be released on bail by the Special Court as the amount involved herein is ₹ 51 lacs which is well below ₹ 1 crore.
Topics: Prevention of Money Laundering Act (PMLA)
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