Section 35 the Prevention of Money- Laundering Act, 2002
Here’s a detailed explanation of Section 35 of the Prevention of Money Laundering Act, 2002 (PMLA):
📜 Section 35 – Power to Arrest
Text (Simplified):
An officer of the Enforcement Directorate (ED) not below the rank of Deputy Director may arrest any person if:
He has reason to believe that the person has committed the offence of money laundering under the Act.
The arrest must be made according to the procedure prescribed in the Code of Criminal Procedure, 1973 (CrPC).
The arrested person must be produced before a magistrate within 24 hours.
The officer must inform the person of the grounds of arrest and their rights.
🔍 Explanation and Key Points:
| Feature | Description |
|---|---|
| Who can arrest? | Enforcement Officer of rank Deputy Director or above. |
| When? | When there is a reason to believe of commission of money laundering. |
| Procedure | As per CrPC arrest and custody rules. |
| Rights of Arrested | Inform grounds of arrest, right to be produced before magistrate within 24 hours. |
| Purpose | To ensure effective investigation and prevent tampering or escape. |
⚖️ Legal Safeguards and Conditions:
Arrest under Section 35 is subject to judicial scrutiny.
The arrested person is entitled to bail as per general criminal law.
The officer must ensure no violation of fundamental rights during arrest.
The arresting officer should follow due process of law as laid out in CrPC.
⚖️ Relevant Case Law:
1. Raja Ram Pal v. Hon’ble Speaker, Lok Sabha (2007) 3 SCC 184
Supreme Court reiterated the importance of following due process in arrest and protection of fundamental rights.
2. Arnesh Kumar v. State of Bihar (2014) 8 SCC 273
Court emphasized that arrest should be the last resort, and must follow guidelines, applicable here too.
3. Enforcement Directorate v. Mohd. Saifullah Khan (2009)
Upheld the power of ED officers to arrest under PMLA, provided proper procedure is followed.
📘 Summary Table:
| Aspect | Details |
|---|---|
| Provision | Power to arrest for money laundering offence |
| Arresting Authority | ED Officer (Deputy Director or above) |
| Grounds | Reason to believe offence committed |
| Procedure | As per CrPC |
| Rights of Arrested | To be informed, produced before magistrate within 24 hours |
| Safeguards | Due process, bail rights, no fundamental rights violation |
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