Supreme Court: Can't Deny Benefit Of First Proviso To S.45 PMLA Merely Because A Woman Is Well-Educated Or An MP/MLA

 

Chambers of Ishaan Garg

Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054

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 This Court, in the carefully couched paragraph extracted above used the phrase “persons of tender age and woman who are likely to be more vulnerable, may sometimes be misused by the unscrupulous elements”. This is vastly different from saying that the proviso to Section 45(1) of thePMLA applies only to “vulnerable woman”. Further, this Court in the case of Saumya Chaurasia (supra) does not say that merely because a woman is highly educated or sophisticated or a Member of Parliament or a Member of Legislative Assembly, she is not entitled to the benefit of the proviso to Section 45(1) of the PMLA. {Para 27}


REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. OF 2024

[Arising out of SLP(Criminal) No. 10778 of 2024]

KALVAKUNTLA KAVITHA Vs  DIRECTORATE OF ENFORCEMENT 


Author: B.R. GAVAI, J.

Citation: 2024 INSC 632.

Dated: AUGUST 27, 2024.

1. Leave granted.