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      Question

      Under PMLA, what is the punishment for any authority or

      officer who without recorded reasons searches a building or arrests a person (vexatious search)?
      A Fine of up to Rs. 1 lakh only Correct Answer Incorrect Answer
      B Imprisonment extending to two years or fine extending to Rs. 50,000 or both Correct Answer Incorrect Answer
      C Imprisonment up to one year or fine up to Rs. 25,000 or both Correct Answer Incorrect Answer
      D Dismissal from service and imprisonment for three years Correct Answer Incorrect Answer
      E Imprisonment of not less than six months with a fine of Rs. 1 lakh Correct Answer Incorrect Answer

      Solution

      Section 62 of PMLA prescribes punishment for vexatious search. It provides that any authority or officer exercising powers under the Act or rules, who without reasons recorded in writing searches or causes to be searched any building or place, or detains or searches or arrests any person, shall for every such offence be liable on conviction to imprisonment for a term which may extend to two years or a fine which may extend to fifty thousand rupees or both. This provision serves as a safeguard against arbitrary exercise of the vast powers conferred on enforcement authorities. The mandate to record reasons in writing before exercise of search or arrest powers pervades multiple sections of PMLA (Sections 5, 17, 18, 19) and failure to do so attracts this penal consequence.

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