Saturday, Nov 7, 2026
English News
  • Hyderabad
  • Telangana
  • AP News
  • India
  • World
  • Entertainment
  • Sport
  • Science and Tech
  • Business
  • Rewind
  • ...
    • NRI
    • View Point
    • cartoon
    • My Space
    • Education Today
    • Reviews
    • Property
    • Lifestyle
E-Paper
  • NRI
  • View Point
  • cartoon
  • My Space
  • Reviews
  • Education Today
  • Property
  • Lifestyle
Home | India | Statement To Ed By Accused Under Pmla Custody Incriminating Oneself In Another Pmla Case Inadmissible Supreme Court

Statement to ED by accused under PMLA custody incriminating oneself in another PMLA case inadmissible: Supreme Court

Legal news firm Live Law reports that the Court has ruled that a statement made by an accused in custody cannot be considered admissible under Section 50 of the Prevention of Money Laundering Act. Justices BR Gavai and KV Viswanathan made this important ruling while granting bail to an accused in a money laundering case.

By Telangana Today
Updated On - 28 August 2024, 03:10 PM
Statement to ED by accused under PMLA custody incriminating oneself in another PMLA case inadmissible: Supreme Court
whatsapp facebook twitter telegram

Hyderabad: In a significant judgment, the Supreme Court on Wednesday held that a statement given by an accused, while under custody in a case under the Prevention of Money Laundering Act (PMLA), to investigating officers of the Enforcement Directorate (ED) incriminating oneself in another money laundering case would be inadmissible in evidence.

According to legal news firm Live Law, the Court held that such a statement given by an accused under custody cannot be treated as admissible under Section 50 of the Prevention of Money Laundering Act.


A bench comprising Justices BR Gavai and KV Viswanathan made the significant pronouncement while granting bail to an accused in a money laundering case. The bench noted that while the accused was under custody in connection with one Enforcement Case Information Report (ECIR), his statement was recorded by the ED officers in connection with the present ECIR.

The bench considered the following question – when a person is in judicial custody/custody in another case investigated by the same investigating agency, whether the statements recorded for a new case in which arrest is not yet shown and which is claimed to have incriminating materials against the maker would be admissible under Section 50 of PMLA.

The bench noted that the 3-bench judgment of the Supreme Court in Vijay Madanlal Choudhary v. Union of India (2022) held that statements recorded by ED officers under Section 50 of the PMLA were admissible in evidence. At the same time, the Vijay Madanlal Choudhary judgment added that whether the protection of Section 25 of the Indian Evidence Act 1872 – which makes confessions to police inadmissible in evidence – is available to an accused facing prosecution for offences under the PMLA has to be decided on a case-to-case basis.

“We have no hesitation in holding that when an accused is under custody under PMLA, irrespective of the case of which he is under custody, any statement under Section 50 to the same investigating agency is inadmissible against the maker. The reason being the person in custody pursuant to the proceeding investigated by the same investigating agency is not a person who can be considered as one operating with a free mind. It would be extremely unsafe to render such a statement admissible against the maker as such a course of action would be contrary to all canons of fair play and justice.”

The Court further held that a person in judicial custody, not being a free person, cannot be summoned by the ED. The ED has to obtain the permission of the Court which has remanded him to custody in the other case to record the statement of the accused in custody.

Join Our Whatsapp Channel
  • Follow Us :
As preferred source
  • Tags
  • Enforcement Directorate
  • Money Laundering
  • Prevention of Money Laundering Act
  • Supreme Court

Related News

  • SC upholds Delhi HC ruling on National Book Trust’s status

    SC upholds Delhi HC ruling on National Book Trust’s status

  • Supreme Court takes contempt action over Congress post targeting CJI

    Supreme Court takes contempt action over Congress post targeting CJI

  • Supreme Court disposes of plea after BCI withdraws age limit for law courses

    Supreme Court disposes of plea after BCI withdraws age limit for law courses

  • Sharjeel Imam seeks bail, cites six years of incarceration in Delhi riots case

    Sharjeel Imam seeks bail, cites six years of incarceration in Delhi riots case

Latest News

  • Kerala-born urban planner Nithya Raman set to become Los Angeles Mayor

    3 hours ago
  • Mohammed Shami announces retirement from Tests, ends 13-year red-ball journey

    3 hours ago
  • Train enroute to Bengal catches fire in Punjab, all passengers escape unhurt

    3 hours ago
  • NIT Warangal gets Rs 4 crore PMKVY project to train 1,200 youth in emerging technologies

    4 hours ago
  • Telangana allows Gram Panchayats to deposit own revenue directly into bank accounts

    4 hours ago
  • Telangana HC seeks response from HYDRAA, officials in contempt plea over farmhouse demolition

    4 hours ago
  • ACB conducts raids at Uppal fire station over bribery allegations in cracker shop licences

    4 hours ago
  • Opinion: When elephants make a deal, middle powers still suffer

    4 hours ago

company

  • Home
  • About Us
  • Contact Us
  • Privacy Policy

business

  • Subscribe

telangana today

  • Telangana
  • Hyderabad
  • Latest News
  • Entertainment
  • World
  • Andhra Pradesh
  • Science & Tech
  • Sport

follow us

  • Telangana Today Telangana Today
Telangana Today Telangana Today

© Copyrights 2024 TELANGANA PUBLICATIONS PVT. LTD. All rights reserved. Powered by Veegam

Telangana Today App