PMLA 2002 is one of the principal statutes in the firm's criminal-defence practice. The provision-by-provision summary on this page is structured for working defence reference — counsel landing here in active matter preparation will find the section navigator at the top of the Key Provisions block, jumping directly to the relevant statutory text. The surrounding analysis sets out the act's scope, the recent Supreme Court decisions that interpret it, and the firm's working framework for engagement.
Scope and Relevance
The most consequential special-Act regime in the firm's white-collar practice. PMLA matters are tried before the Special Court designated under Section 43 (Patiala House for Delhi). Bail under Section 45 is exceptionally difficult at the Special Court — realistic strategy targets the Delhi High Court under Section 483 BNSS or the Supreme Court via SLP.
PMLA 2002 is consequential because it sits at the intersection of substantive criminal liability and the firm's adjacent banking-litigation practice. Many matters that begin as commercial banking events under SARFAESI or DRT proceedings escalate into the criminal regime — and PMLA 2002 is one of the principal statutes that governs that escalation. Defence engagements under PMLA 2002 therefore benefit from the firm's integrated civil-criminal approach, where the same matter is handled by counsel who understand both the underlying commercial documentation and the criminal provisions invoked.
Key Provisions for Defence Practice
The provisions below are the principal sections the firm engages with in its criminal practice under PMLA 2002. The list is indicative — counsel verify operative provisions on a matter-by-matter basis. The Section Navigator below provides jump-anchors for direct access to each provision.
Supreme Court Framework
Defence under PMLA 2002 draws on a small set of Supreme Court decisions that frame the operative interpretation. The firm's landmarks reference page consolidates the eight decisions most consistently invoked across the criminal vertical — Vijay Madanlal Choudhary on PMLA constitutionality, Pankaj Bansal on written grounds of arrest, Satender Kumar Antil on bail categories, Sushila Aggarwal and Sibbia on anticipatory bail, Bhajan Lal on quashing categories, SBI v. Rajesh Agarwal on natural justice in fraud classification, and Arnab Goswami on constitutional liberty. Each is consequential when PMLA 2002 provisions are engaged.
For matters under PMLA 2002, the typical citation pattern in defence submissions is: (i) the substantive PMLA 2002 provision being defended; (ii) the relevant Supreme Court precedent interpreting that provision; (iii) the procedural BNSS provision applicable (anticipatory bail under Section 482, quashing under Section 528, regular bail under Section 480 / 483); and (iv) the constitutional consideration (typically Article 21 personal liberty or Article 22(1) procedural safeguards). The PMLA 2002 provision is the foundation, but the framework is layered.
Defence Practice — Working Framework
The firm's practice under PMLA 2002 is integrated with the broader criminal vertical and, where applicable, with the firm's debt-recovery and banking-litigation practice. Engagement begins with mapping the operative provisions to the matter facts — which sections are invoked, which procedural stage the matter has reached, what parallel proceedings (civil, regulatory, other criminal) are running. The matter coordinates determine the strategic priorities: investigation defence, bail, quashing, trial preparation, or appellate work.
For most PMLA 2002 engagements, the working framework is stage-aligned. Pre-FIR / pre-investigation: documentary preparation, engagement with the appropriate authority, and where applicable anticipatory bail under Section 482 BNSS. Post-FIR / post-investigation initiation: review of the FIR / ECIR / show-cause for procedural defects, quashing analysis under Section 528 BNSS / Bhajan Lal categories, and parallel anticipatory bail or arrest-readiness preparation. Arrest stage: remand attendance, Pankaj Bansal grounds-of-arrest review, immediate Article 226 habeas corpus where defects appear, and standard Section 480 / 483 BNSS bail filing. Trial stage: cross-examination on documentary inconsistencies, expert-evidence challenges where applicable, and final-arguments mapping to the Supreme Court framework. Appellate stage: Section 483 BNSS at Delhi High Court, SLP under Article 136 at the Supreme Court.
Senior Partner Advocate Subodh Bajpai (LLM, MBA — XLRI Jamshedpur) leads the criminal practice with appearance support across Delhi NCR district courts, the Delhi High Court, and the Supreme Court of India. Senior Counsel are briefed for substantive oral arguments where the matter requires institutional weight at appellate forums.
Engagement
For active matters under PMLA 2002 — investigation defence, bail filings, quashing petitions, trial defence, or appellate work — confidential consultation with the criminal team. Engagement begins with the matter coordinates: which provisions are invoked, custody status, parallel proceedings, and immediate protective steps required. Engagement letters cover scope, fee structure, and the role of co-counsel where applicable.
Contact +91 84008 60008 (mark URGENT for active arrest matters) or legal@unifiedchambers.com.