In plain words: here is an important and relatively recent development. If the ED does not arrest you during its investigation and then files its complaint, the court may simply summon you — and you may not have to clear the harsh Section 45 bail test to remain free.
The old fear
People assumed that once a PMLA case reached court, arrest and the brutal twin conditions of Section 45 were inevitable. That is not always so.
What the courts have clarified
Where the ED chose not to arrest an accused during the investigation, and files its prosecution complaint, the Special Court can issue a summons rather than a warrant. When the accused appears on summons, they are not in custody — and the courts have held that they need not satisfy the Section 45 twin conditions merely to continue on bail at that stage. A bond for appearance may suffice.
Why this matters so much
- It rewards cooperation — a person who honoured summons and did not abscond is not automatically jailed.
- It prevents the Section 45 rigour from applying to someone the ED itself did not think it necessary to arrest.
- It can mean facing trial without going to jail first.
What you should do
- Cooperate with summons throughout the investigation — it strengthens your position.
- Do not abscond — that invites a warrant and the full rigour.
- Appear through counsel and comply with the court's appearance conditions.
Frequently asked questions
Does this mean I will never be arrested? No — it applies where the ED did not arrest you during investigation; the court still decides.
Do the twin conditions never apply then? At the summons-appearance stage the courts have eased their application; it depends on the facts.
Is cooperation really important? Very — honouring summons is central to this protection.
How Vakil Help Desk helps
Vakil Help Desk advises and defends clients at every stage of a PMLA matter — summons, attachment, arrest, bail and trial. If the ED has contacted you or you fear action, we can help you protect your position.
This article is for general legal awareness, not individual legal advice. PMLA proceedings move fast and the law is evolving through court rulings and notifications, so the right step depends on your facts and the current position. If you have received an ED notice or fear action, consult a lawyer immediately.