Provisions of Benami Act to be implemented prospectively: SC

Union of India & Anr. Vs. M/S. Ganpati Dealcom Pvt. Ltd. (Supreme Court) Coming to the Benami Act post the Amendment, the interplay of Sections 27(3), (5) and 67 of the 2016 Act creates a confiscation procedure which is distinct from the procedure contemplated under the CrPC or any other enactment till now in India. This separation of the confiscation mechanism is not merely procedural. It has also altered substantive rights of the evidentiary standards from ‘beyond reasonable doubt’ to ‘preponderance of probabilities’. Such a change of standards cannot be merely termed as procedur...