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)?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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