The Supreme Court of India stated the provision of the Benami Transaction Amendment Act "unconstitutional" on the grounds of being "manifestly arbitrary". Some of the provisions dealt with a three-year jail term and a penalty.
Chief Justice N.V Ramana stated that the Benami Transactions Amendment Act of 2016 should not be applied retrospectively. Section 3(2) suggests that whoever enters in a benami transaction is punishable with imprisonment for a term which might get extended upto three years with a fine, without a fine