More Insights
2025-11-04
15
min read
Clean Before the Crime? Attachment of Properties Acquired Before the Commission of the Scheduled Offence under the PMLA
Can property acquired before a crime be seized under the PMLA? This article examines how Indian courts have interpreted the concept of “proceeds of crime,” balancing enforcement power with constitutional safeguards, and compares global confiscation regimes to determine where the legal line truly lies.
2025-05-19
10
min read
No Conflict with the CrPC: Supreme Court Affirms Right to Fair Disclosure in PMLA Cases in Light of Reverse Burden on Accused
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.
2025-07-31
4
min read
[AT-PMLA] Property Attachment Upheld Following Illegal Call Interception at NSE
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.