Introduction
Today's legal developments center on critical judicial guidelines and statutory clarifications. The Supreme Court has laid down sensitive procedural standards for handling child trafficking cases, while a high-profile rejection of an Enforcement Directorate (ED) complaint by a Delhi Court brings the procedural safeguards of the PMLA, 2002 back into focus. Additionally, the government has announced a new statutory body for maritime security under the upcoming Merchant Shipping Act, 2025.
1. Supreme Court Guidelines on Child Trafficking
The Supreme Court has issued new guidelines to ensure the Indian legal system becomes more victim-centric when dealing with child trafficking and commercial sexual exploitation.
A. Evidentiary Standards (Evidence Act Application)
"Injured Witness" Doctrine: The Court ruled that a trafficked child must be treated as an "Injured Witness". In Indian criminal jurisprudence, the testimony of an injured witness is accorded special weight and is generally considered reliable unless there are compelling reasons to discard it.
Credibility of Testimony: Courts have been directed not to reject a victim's testimony merely due to "minor inconsistencies." The Court recognized that trauma and the complexity of the crime often lead to non-linear narratives. A sole testimony, if credible, can be sufficient for conviction.
B. Constitutional Rights involved
Article 21 (Right to Life & Dignity): The Court emphasized that trafficking violates the fundamental right to dignity and bodily integrity.
Article 23 (Prohibition of Traffic in Human Beings): The judgment reinforces the constitutional mandate to prohibit trafficking.
C. Procedural Safeguards
Minimizing Secondary Victimization: Courts must prevent re-traumatization during cross-examination. This aligns with the principles found in the POCSO Act, 2012, where the child is shielded from aggressive defense tactics.
2. Statutory Review: Prevention of Money Laundering Act (PMLA), 2002
A Delhi Special Court's refusal to take cognizance of an ED complaint in the National Herald case serves as a case study for the procedural limits of the PMLA.
A. The "Predicate Offence" Link
Legal Principle: The PMLA is a "derivative" statute. The ED cannot investigate money laundering in isolation; there must be a "Scheduled Offence" (Predicate Offence) from which "Proceeds of Crime" were generated. If the predicate offence falls or no proceeds are identified, the PMLA case often cannot stand.
B. Judicial Precedents (Case Law)
Vijay Madanlal Choudhary v. Union of India (2022): The Supreme Court upheld the ED's powers of arrest and attachment and ruled that the ECIR (Enforcement Case Information Report) is an internal document, not equivalent to an FIR, so the accused is not entitled to a copy immediately.
Arvind Kejriwal v. Directorate of Enforcement (2024): A crucial check on power—the Supreme Court held that an arrest under Section 19 of PMLA requires a "reason to believe" based on legally admissible material, not just suspicion.
C. Nature of Offences
All offences under PMLA are Cognizable (arrest without warrant) and Non-bailable (bail is difficult, subject to the "twin conditions" of Section 45).
3. New Statutory Body: Bureau of Port Security (BoPS)
The Government has announced the creation of a new regulator for maritime security.
A. Enabling Statute
Source of Power: The BoPS will be constituted under Section 13 of the Merchant Shipping Act, 2025 (Note: This indicates a new Act replacing or updating the 1958 Act).
B. Jurisdiction & Structure
Parent Ministry: Ministry of Ports, Shipping and Waterways (MoPSW).
Role: It will function as a regulatory body for the security of ships and port facilities, modeled after the Bureau of Civil Aviation Security (BCAS).
Cyber Security: It will have a dedicated division for protecting maritime digital infrastructure.
Key Legal Takeaways
New Statutory Body: Bureau of Port Security (BoPS) (Under Merchant Shipping Act, 2025).
Key Judgment: Supreme Court Guidelines on Child Trafficking (Treat victims as "Injured Witnesses").
Constitutional Articles: Article 23 (Trafficking), Article 21 (Dignity).
PMLA Case Law: Vijay Madanlal Choudhary (2022) - Upheld PMLA validity; Arvind Kejriwal (2024) - High threshold for Section 19 arrests.
Legal Concept: Predicate Offence (Essential pre-requisite for a money laundering case).
Frequently Asked Questions (FAQs)
Q1: What is the legal significance of an "Injured Witness"?
Answer: An injured witness is someone who has suffered physical or mental injury during the occurrence of the crime. Their presence at the crime scene is established by their injury, making their testimony highly reliable. Courts usually do not discard their evidence for minor discrepancies.
Q2: Is the Bureau of Port Security (BoPS) a Constitutional Body?
Answer: No, it is a Statutory Body to be established under the Merchant Shipping Act, 2025.
Q3: Can the Enforcement Directorate (ED) register a case on its own without a police FIR?
Answer: Generally, no. The ED requires a "Scheduled Offence" (Predicate Offence) registered by the Police (FIR) or another agency (like CBI) to initiate a PMLA investigation. It cannot independently register a money laundering case without an underlying crime.
Q4: Under the PMLA, is the accused entitled to a copy of the ECIR immediately upon registration?
Answer: No. In Vijay Madanlal Choudhary (2022), the SC ruled that the ECIR is an internal document, unlike a police FIR, and the accused does not have an absolute right to receive it immediately.
Q5: Which Article of the Constitution specifically prohibits "Traffic in human beings"?
Answer: Article 23 prohibits traffic in human beings and forced labor.