SC held that an accused under PMLA has critical documentary ...

Accused Under PMLA Granted Comprehensive Documentary Rights Across Legal Stages to Ensure Fair Trial

May 9, 2025

Case Laws     Money Laundering     SC

SC held that an accused under PMLA has critical documentary rights across different legal stages. At cognizance, the accused is entitled to copies of complaint documents and list of unrelied documents. During charge framing, while a list of unrelied documents must be provided, actual copies are ordinarily not granted. At defense stage, the accused can seek production of documents through Section 91 CrPC, with courts mandated to liberally construe these rights. During bail proceedings under Section 45(1)(ii), the accused can request unrelied documents, subject to investigation preservation considerations. The core principle is protecting the accused's right to fair trial under Article 21, particularly given PMLA's heightened evidentiary burden on the accused. Appeal was ultimately allowed, establishing comprehensive documentary access principles for PMLA proceedings.

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