Supreme Court constitutes fresh Bench to review landmark 2022 PMLA ruling

The Supreme Court of India has formed a new Bench to reconsider legal challenges against its 2022 judgment on key provisions of the Prevention of Money Laundering Act (PMLA). The Bench, headed by Chief Justice Surya Kant, will examine review petitions filed against the landmark ruling that validated contentious aspects of the anti-money laundering legislation.

The 2022 judgment had upheld several PMLA provisions that have drawn criticism from civil liberties advocates and legal experts. Among the most contested aspects is the reverse burden of proof requirement, which places the onus on the accused to prove their innocence rather than on prosecutors to establish guilt—a principle that departs from conventional criminal law practice in India.

The constitution of this fresh Bench indicates that substantial questions regarding the constitutionality and fairness of these PMLA provisions remain under judicial scrutiny. Review petitions challenging the earlier judgment have argued that certain clauses of the Act may conflict with fundamental rights and established principles of criminal jurisprudence.

The outcome of this review is likely to have significant implications for how financial crimes are prosecuted in India, affecting the balance between law enforcement efforts against money laundering and the protection of individual rights in criminal proceedings. The Bench's examination will determine whether the Court should reconsider its previous endorsement of these contentious provisions.