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Section 436A CrPC akin to statutory bail

Section 436A CrPC akin to statutory bail

The narrow view of the Supreme Court verdict is being criticized since the Prevention of Money Laundering Act fails to protect personal liberty from draconian provisions. Section 436A CrPC is akin to statutory bail said by the Supreme Court. Supreme Court has recently upheld all the controversial provisions of the Prevention of the Money Laundering Act, which shows how the same falls short of the judicial standards of reviewing legislative action.

Narrow View (Section 436A CrPC akin to statutory bail)

1. The judgment shows that the commitment to stop money laundering is so invaluable that the same can be premises for the downplay of fundamental rights.

2. The intention of the legislature is still considered noble. It is true that the money fuelled through the trade of narcotics is slowly pumped into the domestic and global economy.

3. However, experience suggests that money – laundering in the Indian context is linked or is seen as a byproduct of a host of both grave and routine offences that are appended to the Act as a schedule.

4. This means that such routine procedures should only be limited to exceptions like terrorism, narcotics, and serious tax evasions.

5. However, the same is practiced in cases of petty fraud and trademark infringement.

6. It is paining that the Court did not recognize the testimonial compulsion and the lack of judicial oversight.

7. At a time when ED is routinely targeting regime opponents, the verdict could be a grave step to the violation of the constitutional bar India is known for.


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1. Mother can give the surname of the second husband to the child after the death of the biological father: Supreme Court:- While upholding the right of the mother to change the surname of the child to that of the second husband, the SC set aside the Andhra Pradesh High Court order stating that the same should have been given after taking into account the mental pain and suffering of the child. This Judgement is given by Supreme Court in Akella Lalita vs Sri Konda Hanumantha Rao

2. Section 436A CrPC akin to statutory bail; can be invoked by accused arrested under PMLA: Supreme Court:- The Supreme Court held that the beneficial provisions of 463A CrPC could be invoked by the accused arrested under Prevention of the Money Loundring Act. The Court also said that the section needs to be construed as a statutory bail provision. This view of the Supreme Court is given in Vijay Madanlal Choudhary vs Union of India

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