Category: PMLA

Digital Platforms and Dirty Money:  Addressing Financial Non-Regulation within Social Media Platforms

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-Tanya Sara George Introduction As per a 2024 FATF report, most domestic money laundering operations are conducted through open sources and social media networks. Initially designed as neutral forums for communication under Section 2(w) of the IT Act of 2000, these platforms have evolved into dual-purpose entities, facilitating not just digital interactions but financial transactions. … Continue reading Digital Platforms and Dirty Money:  Addressing Financial Non-Regulation within Social Media Platforms

Adnan Nisar v. Directorate of Enforcement: Highlighting the Cross-Border Implications of the PMLA

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~ By Akshat Patria The Delhi High Court recently, in the case of Adnan Nisar v. Directorate of Enforcement, passed a significant verdict expanding the scope of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as the PMLA) to the offences committed outside India. The Hon’ble High Court has clearly held that an … Continue reading Adnan Nisar v. Directorate of Enforcement: Highlighting the Cross-Border Implications of the PMLA

Money Laundering and Predicate Offences – The Aftermath of Vijay Madanlal Chaudhary

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-Rushil Batra Introduction In 2022, the Supreme Court gave its much-awaited pronouncement in the case of Vijay Madanlal Chaudhary v Union of India on various aspects of the Prevention of Money Laundering Act, 2002 (PMLA)– inter alia the constitutionality of PMLA, conditions for bail, and the role of the Enforcement Case Information Report (ECIR). The … Continue reading Money Laundering and Predicate Offences – The Aftermath of Vijay Madanlal Chaudhary

Bail under PMLA: Comprehending the SC’s Imprimatur in Vijay Madanlal Choudhary vs UOI

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~By Devvrat Singh and Nishita Gupta Introduction  The Prevention of Money Laundering Act (hereinafter referred to as PMLA) was enacted in 2002 and since then it has undergone several amendments. The stated object of PMLA was to combat money-laundering activities and confiscate the properties involved in or connected to the act of money laundering. Several … Continue reading Bail under PMLA: Comprehending the SC’s Imprimatur in Vijay Madanlal Choudhary vs UOI

Old Wine in New Bottles? – The Judgement in Vijay Madanlal Choudhary (Part Two)

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~By Abhinav Sekhri The previous post in this two-part series considered how the Supreme Court's judgment in Vijay Madanlal Choudhary & Ors. v. Union of India & Ors. [SLP Crl. No. 4364 of 2014; Judgment dated 27.07.2022 ("Vijay Madanlal Choudhary") dealt with the offence of money laundering under the Prevention of Money Laundering Act 2002 ["PMLA"]. This post turns its lens to how the judgment … Continue reading Old Wine in New Bottles? – The Judgement in Vijay Madanlal Choudhary (Part Two)

Of Old Wine in New Bottles – The Judgement in Vijay Madanlal Choudhary (Part One)

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~By Abhinav Sekhri After marathon hearings, the Supreme Court finally pronounced its judgment on 27.07.2022 in a batch of over 200 petitions where the legality of various provisions under the Prevention of Money Laundering Act, 2002 ["PMLA"] had been challenged. This judgment — bearing the title Vijay Madanlal Choudhary & Ors. v. Union of India & Ors. [SLP Crl No. 4364 … Continue reading Of Old Wine in New Bottles – The Judgement in Vijay Madanlal Choudhary (Part One)

Prakash Industries and Interpreting the PMLA

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~By Abhinav Sekhri The Delhi High Court has passed a detailed judgment in the matters of Hi-Tech Mercantile and Prakash Industries [Order dated 19.07.2022 in WP(C) No. 14999 of 2021 ("Prakash Industries"], touching on issues pertaining to the Prevention of Money Laundering Act 2002 [“PMLA”]. Holding in favour of the Petitioners and terminating the PMLA proceedings, the High Court … Continue reading Prakash Industries and Interpreting the PMLA

Online Gambling and the Regulation of Money Laundering

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By Vibhore Yadav Introduction Modern money laundering essentially relies on legitimate businesses characterised by a large cash-flow and complex, anonymous transactions that are difficult to trace in order to convert proceeds from illegal activities into ‘clean’ money which can be used for legitimate purposes. Historically, businesses such as retail outlets, restaurants, rental companies, casinos etc. … Continue reading Online Gambling and the Regulation of Money Laundering

Attachment of Property, Freezing Orders, and PMLA Investigations: The Need for Reasonable Exclusions

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By Abhinav Sekhri In almost any prosecution, the property used to commit a crime becomes case property (a murder weapon). In some kinds of prosecutions, this extends to locking down the site of criminal acts (a brothel or a gaming house). There are also other prosecutions, such as those for money laundering, where a major focus is on identifying … Continue reading Attachment of Property, Freezing Orders, and PMLA Investigations: The Need for Reasonable Exclusions

The Supreme Court Order in P. Chidambaram v. ED: Some Thoughts.

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By Abhinav Sekhri A Two Justices' Bench of the Supreme Court has decided the appeal filed by P. Chidambaram against an order of the Delhi High Court dismissing his plea for Anticipatory Bail in an ongoing investigation being conducted into what is being labelled as the "INX Media Scam" [Crl. Appeal 1340 of 2019, decided … Continue reading The Supreme Court Order in P. Chidambaram v. ED: Some Thoughts.

The Karnataka High Court’s Decision in the D.K. Shivakumar Case: Facets of PMLA Clarified.

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By Sameer Sharma Introduction Amidst recent developments in the INX Media case involving former Union Finance Minister Mr. P. Chidambaram relating to allegations of money-laundering, a new legal and political storm seems to have broken out with a politician from the South in the fray. Congress bigwig and their go-to troubleshooter in Karnataka, Mr. D.K. … Continue reading The Karnataka High Court’s Decision in the D.K. Shivakumar Case: Facets of PMLA Clarified.