The judiciary is actively reshaping how the Prevention of Money Laundering Act is interpreted and applied.
The Predicate Offense's Centrality
The core of this shift is the judicial questioning of prolonged delays in a chargesheet for the "predicate offense."
The "Live and Sustainable" Doctrine
Courts are now applying a doctrine where the PMLA trial is contingent on a "live and sustainable" predicate offense.
A Stay on Prolonged Proceedings
Judicial stay orders are becoming a strong indicator that the PMLA cannot exist in a vacuum, isolated from its foundational crime.
The Pre-SC Judgment Landscape
Before the Vijay Madanlal Choudhary judgment, High Courts held conflicting views on the relationship between PMLA and the scheduled offense.
The "Independent" vs. "Intrinsic" Debate
Some courts, like the Bombay High Court, viewed money laundering as an independent offense, while others, like the Delhi High Court, saw an intrinsic link.
PMLA as Punishment
Judges are increasingly critical of the PMLA process itself, with its stringent bail conditions and prolonged incarceration often seen as the punishment.
Low Conviction Rate
Courts have highlighted the ED's "abysmal conviction rate," with only a handful of convictions out of thousands of cases.
A Message to Investigative Agencies
This judicial scrutiny is forcing agencies to build robust cases from the ground up, rather than using the PMLA to bypass standard criminal procedures.
Shaping a Balanced Era
These judicial observations are not temporary; they are actively shaping a new, more balanced era of justice under the PMLA.