Accused in PMLA Cases Entitled to Access Non-Reliable Documents: Supreme Court

Accused in PMLA Cases Entitled to Access Non-Reliable Documents: Supreme Court

  • Case Name: Sarla Gupta and anr v. Directorate of Enforcement

The Supreme Court ruled that individuals accused under the PMLA are entitled to access documents not relied upon by the Enforcement Directorate (ED) as part of their right to a fair trial under Article 21.

Such documents can be obtained through Section 91 of the CrPC or Section 94 of the BNSS, if their disclosure does not prejudice the investigation.

The right also extends under Section 233 CrPC, enabling courts to compel the prosecution or third parties to produce relevant records.

The ruling came in an appeal where the Delhi High Court denied access to documents under Section 233(3) of CrPC, which the Supreme Court directed to be interpreted liberally in PMLA cases.

Read Details / 11 months ago

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