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1. The present bail application involves a substantial question
of law, which, though uncommon in the context of bail
proceedings, assumes considerable importance for the proper
ba728-2025.doc
adjudication of the present case. The core issue that arises for
consideration is whether the references made in the Prevention of
Money Laundering Act, 2002 (hereinafter referred to as ‘PMLA’), to
the provisions of the Indian Penal Code, 1860 (IPC) and the Code
of Criminal Procedure, 1973 (CrPC), stand vitiated or rendered
ineffective by virtue of the repeal of those enactments through the
coming into force of the Bharatiya Nyaya Sanhita, 2023 (BNS) and
the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). A further
question that necessarily follows is whether such references in the
PMLA are now to be construed as referring to the corresponding
provisions under the new legislative regime embodied in the BNS
and BNSS.
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