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Showing posts from March, 2024

THE RIGHT TO REMAIN SILENT UNDER THE PREVENTION OF MONEY LAUNDERING ACT, 2002

 Article 20(3) of the Indian Constitution protects accused persons from being compelled to make self-incriminatory statements. The protection from self-incrimination along with the protection from double jeopardy as enshrined under Article 20(2) of the Constitution forms the fulcrum of the criminal justice system in India. As a necessary corollary, any confessional statement made before a police officer or out of coercion during criminal proceedings is inadmissible as evidence, and the same has been cemented in Sections 24 to 26 of the Indian Evidence Act, 1872 (“Evidence Act”). The provisions under the Prevention of Money Laundering Act, 2002 (“PMLA”) take a sharp deviation from the constitutional protection from self-incrimination. The vires of the said provisions, among others, were challenged before the Indian Supreme Court (“SC”). The SC settled the issue by way of its decision in Vijay Madanlal Choudhary and Others v. Union of India and Others (“Judgment”), after almost a decad

Exploring Unchartered Territory? – Laws for the Void

  This 2 part series outlines the regulatory regime involving private sector participation in the space sector. This article explores the changes in the regulatory regime and the next one will explore the key challenges faced by private players (both domestic and international) in the Indian space sector.   What can the Indian space sector learn from the Avengers? Besides, the incredible budget and scale, the key takeaway would be - bringing experts together to achieve phenomenal results. We all remember the fascinating back stories, the strength of and the role each member plays to fill an essential need under the able guidance of a strong leader. The moment when the team does come together lights up the screen and assures the audience that all will be well. It isn’t all that different from how one may feel about India’s space journey. To build on this excitement, the Indian space sector needs the support of the regulations, patience from the private sector, and a unified vision from