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Default Bail in PMLA and the “Complete Prosecution Complaint” Problem: When Does a Timely ED Complaint Actually Stop the Statutory Bail Right?

Default bail in a PMLA case turns on much more than whether the Enforcement Directorate has used the words “prosecution complaint”. The defence must first calculate the correct statutory custody period under saved Section 167(2) CrPC or Section 187 BNSS, including the first remand day, and then determine exactly when a legally sufficient complaint was filed. The more difficult question arises where ED files a complaint within time but openly continues investigation and later files one or more supplementary complaints. Current law does not support the proposition that every continuing investiga

Premium16 Aug 202631 min readCriminal DefencePMLAWhite-Collar CrimeEconomic Offence
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Default Bail in PMLA and the “Complete Prosecution Complaint” Problem: When Does a Timely ED Complaint Actually Stop the Statutory Bail Right?

Default bail in a PMLA case turns on much more than whether the Enforcement Directorate has used the words “prosecution complaint”. The defence must first calculate the correct statutory custody period under saved Section 167(2) CrPC or Section 187 BNSS, including the first remand day, and then determine exactly when a legally sufficient complaint was filed. The more difficult question arises where ED files a complaint within time but openly continues investigation and later files one or more supplementary complaints. Current law does not support the proposition that every continuing investiga

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