In which of the following cases did the Supreme Court reject the proposition that the general criminal…
In V. Senthil Balaji v. State (2023), the Supreme Court held that the pre-arrest notice of appearance under general criminal procedure (now Section 35(3) of the Bharatiya…
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In which of the following cases did the Supreme Court reject the proposition that the general criminal procedure requirement of issuing a notice of appearance before a police officer (Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023) is applicable to an arrest made under Section 19 of the Prevention of Money Laundering Act, 2002?
Answer and explanation
Correct answer C
In V. Senthil Balaji v. State (2023), the Supreme Court held that the pre-arrest notice of appearance under general criminal procedure (now Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023; formerly Section 41A of the Code of Criminal Procedure, 1973) does not apply to arrests under the Prevention of Money Laundering Act, 2002, because Section 19 of the PMLA contains its own self-contained, stringent statutory safeguards for arrest and Section 65 applies general procedural provisions only insofar as they are not inconsistent with the PMLA. Arnesh Kumar v. State of Bihar laid down general guidelines on police arrests and notices of appearance, while the other two options are inapplicable.
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Supreme Court Law Clerk and Research Associate