Insights & Resources

In a landmark judgment, the Supreme Court affirmed that accused persons under the PMLA are entitled to access all documents seized or filed with the prosecution, regardless of reliance by the ED. The Court ruled this disclosure is essential to uphold Article 21 and harmonised CrPC procedures with PMLA's special framework, reinforcing procedural fairness even in economic offences involving reverse burden clauses.

The SAFEMA Appellate Tribunal has upheld the Enforcement Directorate’s attachment of iSec Services’ assets, following findings of unauthorised call interception at NSE. The Tribunal held that the actions amounted to cheating and money laundering, triggering provisions under the IPC and PMLA. The judgment underscores that fraudulent conduct disguised as formal contracts cannot escape penal consequences under Indian law.

The SAFEMA Appellate Tribunal upheld the ED's attachment of property acquired before the commission of a scheduled offence, holding it to be ‘proceeds of crime’ under PMLA. It ruled that the date of detection of laundering, not the original offence, governs applicability. The decision underscores key compliance principles around equivalent value attachment, retrospective prosecution, and statutory timelines impacted by COVID-19.

SC upholds PMLA’s continuing offence doctrine, rejecting retrospective and threshold-based challenges to money laundering prosecutions.

The Appellate Tribunal under PMLA has clarified that while seizure and attachment can co-exist, the ED cannot attach property beyond the proceeds quantified in the scheduled offence. In Barik Biswas v. ED, the Tribunal reaffirmed key safeguards—procedural and proportionality-based—while reiterating that attachment must have a direct or equivalent nexus to the predicate offence under PMLA.

The Supreme Court reinforces strict bail conditions under PMLA, setting a crucial precedent in Union of India v. Kanhaiya Prasad.

Karnataka HC rules on PMLA’s procedural safeguards, questioning the legality of search, seizure, and repeated summons by ED.

Bombay HC quashes criminal charges in Rakesh Jain case, ruling that contractual disputes cannot be disguised as money laundering.

Can property attachment under PMLA affect ownership and possession? The Appellate Tribunal weighs in on this crucial legal question.

The SC reaffirms that economic offences cannot be quashed merely due to settlements, prioritising public accountability over compromise.

Delhi HC rules on PMLA arrest safeguards, reaffirming procedural compliance, judicial oversight & necessity in financial crime cases.

The High Court ruled that PMLA courts must act independently and cannot permit ED custody without sound legal justification.

Delhi High Court grants bail under PMLA, ruling that fund collection without links to a scheduled offence isn't proceeds of crime.

Economic offences in India challenge traditional laws like the IPC, requiring modern frameworks to tackle evolving financial crimes.

Highlighting Article 21 of the Constitution, the Calcutta HC granted bail to a petitioner, balancing rights with alleged PMLA violations.

The Delhi HC grants bail under PMLA, stressing a. 21 rights and balancing stringent bail conditions with trial delays and liberty concerns.

The Supreme Court granted bail in a PMLA case, citing the absence of a scheduled offence at the time of filing the complaint or chargesheet.

The Tribunal upheld stringent penalties for a bank's failure to report cash transactions under PMLA, reinforcing strict AML compliance.

Tribunal upholds ED's freezing of accounts under PMLA, affirming a strict approach to proceeds of crime in financial investigations.

SC affirms ED's powers under PMLA exceed CrPC limits, ensuring robust scrutiny without regional or gender constraints.