Section 45 of PMLA : Section 45: Offences To Be Cognizable And Non-Bailable

Explanation using Example

Imagine a businessman, Mr. Kumar, is accused of laundering money through his company by creating fake invoices and transferring money to a foreign account. The Enforcement Directorate (ED) has charged him under the Prevention of Money-Laundering Act (PMLA), 2002. Mr. Kumar applies for bail.

According to Section 45 of the PMLA, before the court can consider his bail application, it must first give the Public Prosecutor a chance to oppose the bail. The Public Prosecutor argues that Mr. Kumar's release could lead to further money laundering or tampering with evidence.

The court reviews the evidence presented and finds that the Public Prosecutor has strong grounds to believe that Mr. Kumar might be guilty and could commit further offences if released. Consequently, the court denies bail, citing the stringent conditions of Section 45 that require the accused to be seen as not likely to commit any offence while on bail and that there are reasonable grounds for believing that he is not guilty.

However, if Mr. Kumar were a woman, under sixteen, sick, infirm, or accused of laundering less than one crore rupees, the Special Court might consider releasing him on bail as per the provisions of this section.