Article 20(3) protection does not bar PMLA summons at the investigative stage absent a formal accusation.

Section 50 of the Prevention of Money-Laundering Act, 2002 was held to remain available during investigation, because an ECIR is not equivalent to an FIR and does not, by itself, create a formal accusation. The Court reasoned that persons proceeded against at the investigative stage are not yet "accused" for Article 20(3) purposes, so testimonial-compulsion protection is not attracted merely because evidence or records are sought under summons. On that basis, the plea to read down Section 50 so as to exclude such summons failed, and the challenge to coercive steps under the Act was rejected.

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Issues: Whether summons issued under Section 50 of the Prevention of Money-Laundering Act, 2002 to a person proceeded against in a money-laundering investigation is barred by Article 20(3) of the Constitution of India, and whether subsequent coercive steps under the Act could be interdicted on that basis.

Analysis: The Court held that registration of an Enforcement Case Information Report is not the same as lodging of an FIR before a Magistrate and does not, by itself, amount to a formal accusation under the Prevention of Money-Laundering Act, 2002. At the stage of investigation under that Act, the authority is concerned with collection of evidence regarding proceeds of crime and alleged laundering, and the petitioners could not be treated as accused for the purpose of invoking the constitutional protection against testimonial compulsion. In that view, the power under Section 50 to summon any person for evidence or production of records remained available, and the plea for reading down the provision to exclude such summons failed.

Conclusion: The summons under Section 50 of the Prevention of Money-Laundering Act, 2002 was not violative of Article 20(3) of the Constitution of India, and the challenge to the coercive proceedings failed.

Ratio Decidendi: A person is not entitled to invoke Article 20(3) against a summons under Section 50 of the Prevention of Money-Laundering Act, 2002 unless there is a formal accusation amounting to the status of an accused under that Act; mere investigation or ECIR-based proceedings do not create that status.

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