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Podcast: In Focus by The Hindu
Episode: Why did the Supreme Court recall its order striking down provisions of the 2016 amendments to the Benami Act, 1988? | In Focus podcast
Description: Last week, the Supreme Court recalled its judgement of August 23, 2022, wherein it had struck down certain provisions of the Benami Transactions (Prohibition) Amendment Act of 2016. Through the 2016 Act, the government had amended the original legislation, the Prohibition of Benami Property Transactions Act, 1988.The 2016 law had expanded the original law from nine sections to 72 sections. In 2016, a three-judge Bench led by Chief Justice N.V. Ramana had declared as unconstitutional Sections 3 (2) and 5 of the 2016 Act.Section 3(2) mandates three years of imprisonment for those who had entered into benami transactions between September 5, 1988, and October 25, 2016—that is, a pe...