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ED’s POWER OF ARREST

27th December, 2023

ED’s POWER OF ARREST

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Context: The recent Supreme Court ruling has clarified the requirements for informing an accused about the grounds of their arrest under the Prevention of Money Laundering Act (PMLA).

Ruling Highlights

  • The Supreme Court ruled that it is sufficient for the Enforcement Directorate (ED) to orally inform an accused of the grounds of their arrest at the time of arrest itself. However, the court mandated that the written grounds of arrest must be provided to the accused within 24 hours of their arrest.
  • Section 19 of the PMLA stipulates that the ED should inform the arrested individual of the grounds for arrest "as soon as may be."
  • The court emphasized that the ruling mandating the furnishing of arrest grounds in writing at the time of arrest cannot be applied retrospectively to cases where the arrest happened before the issuance of that particular ruling.

Must Read Articles:

Enforcement Directorate (ED): https://www.iasgyan.in/daily-current-affairs/enforcement-directorate-32

PRACTICE QUESTION

Q. What is the Enforcement Directorate's role in financial investigations? How does the Enforcement Directorate handle cases of financial misconduct? What measures does the Enforcement Directorate take to ensure compliance with financial regulations?