Section 19 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 19 allows the Director, a Deputy Director, an Assistant Director or another officer authorised by the Central Government to arrest a person if, on the basis of material in his possession, he has recorded reason to believe that the person has been guilty of an offence punishable under the Act. The section requires the grounds to be communicated, a copy of the order and material to go to the Adjudicating Authority in a sealed envelope, and the arrested person to be taken before a court within twenty-four hours.
This article reads the section from the consolidated text of the Act consulted (amendments shown up to 1 August 2019). Later amendments, rules and notifications, and any later change in criminal procedure, should be checked; nothing after that date is stated here.
An officer named in the section may arrest a person on recorded reason to believe, on the basis of material in his possession, that the person has been guilty of an offence punishable under the Act, and must inform him of the grounds as soon as may be. A copy of the order and material goes to the Adjudicating Authority in a sealed envelope immediately. The person must be taken within twenty-four hours to a Special Court or a Judicial or Metropolitan Magistrate with jurisdiction.
Sub-section (1): who, on what belief, and the grounds
Sub-section (1) says: "If the Director, Deputy Director, Assistant Director or any other officer authorised in this behalf by the Central Government by general or special order, has on the basis of material in his possession, reason to believe (the reason for such belief to be recorded in writing) that any person has been guilty of an offence punishable under this Act, he may arrest such person and shall, as soon as may be, inform him of the grounds for such arrest."
| Element | As printed |
|---|---|
| Who | The Director, Deputy Director, Assistant Director, or any other officer authorised in this behalf by the Central Government by general or special order |
| Belief | Reason to believe, on the basis of material in his possession, reasons to be recorded in writing |
| About what | That any person has been guilty of an offence punishable under the Act |
| Power | May arrest such person |
| Duty | Shall, as soon as may be, inform him of the grounds for such arrest |
Several points follow from the wording.
- The belief is about guilt of an offence punishable under the Act. The offence of money-laundering is in section 3 and its punishment in section 4. Other offences punishable under the Act are in later sections.
- The reasons are to be recorded in writing. The same formula appears in sections 5, 16, 17 and 18, each for its own power.
- The grounds are communicated "as soon as may be". The text gives no number of hours for this step, and this article does not add one.
- The officers are listed. The Director, Deputy Director and Assistant Director are defined in section 2(1) by reference to section 49(1); see our article on section 1 and the authority terms. Any other officer must be authorised in this behalf by the Central Government by general or special order.
If you or a family member face an arrest, or you are advising a person who has been told one may follow, legal dispute resolution support can help you read the position against the text. Our general guide on the powers of the Enforcement Directorate under PMLA gives a wider overview.
Sub-section (2): the sealed envelope
The Director, Deputy Director, Assistant Director or other officer "shall, immediately after arrest of such person under sub-section (1), forward a copy of the order along with the material in his possession, referred to in that sub-section, to the Adjudicating Authority in a sealed envelope, in the manner, as may be prescribed", and the Adjudicating Authority "shall keep such order and material for such period, as may be prescribed".
| Feature | Detail |
|---|---|
| What is sent | A copy of the order, with the material in his possession |
| To whom | The Adjudicating Authority |
| How | In a sealed envelope, in the manner as may be prescribed |
| When | Immediately after arrest |
| How long kept | For such period as may be prescribed |
The manner and the period are left to rules, and the text consulted gives neither. The Adjudicating Authority is described in our article on sections 6 and 7. The same sealed-envelope step appears for attachment (section 5), survey (section 16), search and seizure (section 17) and search of persons (section 18).
Sub-section (3): production within twenty-four hours
"Every person arrested under sub-section (1) shall, within twenty-four hours, be taken to a Special Court or Judicial Magistrate or a Metropolitan Magistrate, as the case may be, having jurisdiction."
The words "Special Court or" were inserted by Act 13 of 2018, section 208 (w.e.f. 19-4-2018), as the footnote prints, and the same words are inserted in the proviso.
The proviso says that the period of twenty-four hours "shall exclude the time necessary for the journey from the place of arrest to the Special Court or Magistrate's Court".
| Question | Answer from the text |
|---|---|
| Within what time? | Twenty-four hours |
| Does it include travel? | No; the time necessary for the journey from the place of arrest to the court is excluded |
| Before whom? | A Special Court, a Judicial Magistrate or a Metropolitan Magistrate, as the case may be, having jurisdiction |
| Which applies? | "As the case may be", depending on jurisdiction; the text does not say more |
The Special Court is defined in section 2(1)(z) as a Court of Session designated under section 43(1), and is explained in our article on special courts and criminal procedure. The reader should check the current procedural law for the provisions governing production of an arrested person before a court.
What section 19 does not say
- It does not say that a person arrested may not be released, or that he must be remanded. Section 19 ends with production before the court.
- It does not deal with bail. Bail conditions for offences under the Act are in section 45, explained in our article on section 45.
- It does not prescribe the form of the order of arrest or the grounds. The text consulted gives no form.
- It does not say anything about a person's right to be informed of a lawyer or to contact a relative. If such a right exists, it is in other law, and the reader should check the current law.
An illustration
The names are invented. A Deputy Director records in writing that, on material in his possession, he has reason to believe that Mr Faisal Anwar has been guilty of an offence punishable under the Act. He arrests Mr Anwar at his office and, as soon as may be, informs him of the grounds. Immediately after the arrest, a copy of the order and the material goes to the Adjudicating Authority in a sealed envelope. Mr Anwar is arrested at 4 p.m. on a Monday and is taken to the Special Court within twenty-four hours, excluding the time necessary for the journey from the place of arrest.
Need help in a matter involving arrest?
The conditions in section 19 are specific: who arrested, on what recorded belief, whether grounds were given and when the person was produced. We can review the papers and the sequence of events with you through legal dispute resolution.
Key takeaways
- The Director, Deputy Director, Assistant Director or another officer authorised by the Central Government may arrest on recorded reason to believe that a person has been guilty of an offence punishable under the Act.
- The grounds must be communicated "as soon as may be".
- A copy of the order and material goes to the Adjudicating Authority in a sealed envelope immediately after arrest.
- The arrested person must be taken within twenty-four hours to a Special Court, Judicial Magistrate or Metropolitan Magistrate with jurisdiction.
- Journey time from the place of arrest to the court is excluded.
- Bail conditions are in section 45, not section 19.
Read next
- Section 18: search of persons
- Sections 20 and 21: retention of seized or frozen property and records
- Section 45: offences cognizable and non-bailable and conditions for bail
- Enforcement Directorate (ED): Powers Under PMLA
Disclaimer: Based on the consolidated text of the Prevention of Money-laundering Act, 2002 published by the Enforcement Directorate, showing amendments up to Act 23 of 2019 (1 August 2019), and on the Department of Revenue consolidated copy of the Prevention of Money-laundering (Maintenance of Records) Rules, 2005 listing amendments up to 19 July 2024, as consulted on 2 October 2026. Later amendments, notifications, other rules and regulator directions should be checked. This article is general information, not legal advice; check the official text before acting.