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Empowering the Enforcement Directorate (ED) UPSC NOTE

 Section 50 of the Prevention of Money Laundering Act (PMLA)

  • It details the powers of authorities in issuing summons, producing documents, and giving evidence. 

  • It equates the Director's powers to those of a civil court under the Code of Civil Procedure, 1908, for matters like discovery and inspection, enforcing attendance, compelling production of documents, and issuing commissions.

  • 50(2) of the PMLA empowered the ED to summon “any person” whose attendance was considered necessary for giving evidence or production of records in the course of “any investigation or proceeding” under the statute.

  • Section 50(3) mandated that the individual summoned was “bound to attend in person or through authorised agents” and would be required to make truthful statements and produce the required documents.

  • Person summoned under Section 50 cannot be treated as an accused

  • The Madras High Court in B. Narayanaswamy v. Deputy Director, observed that at the time of making an enquiry under Sections 50(2) and 50(3) of the Act, the persons so summoned unless are found to have been involved in the crime of Money Laundering, cannot be treated as an accused at the stage of enquiry itself.

  • Section 50 of PMLA excludes power to arrest

  • There is a three-fold requirement that must be complied with before arresting a person: 

  • Firstly, the Director must entertain a reasonable belief that the person arrested is guilty of an offence under the PMLA and not under any other enactment; 

  • Secondly, the reasons for such belief must be recorded in writing; 

  • Thirdly, such belief must be based on material that is in the Director's possession.


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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Empowering the Enforcement Directorate (ED) UPSC NOTE
Empowering the Enforcement Directorate (ED) UPSC NOTE
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
https://www.learnerz.in/2024/04/empowering-enforcement-directorate-ed.html
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