The Prevention of Money Laundering Act, 2002 (PMLA) — Bare Act, All Sections & Free PDF
मनी लॉन्ड्रिंग निवारण अधिनियम, 2002
Overview
Enacted in 2002, the Prevention of Money Laundering Act severely combats illicit financial activities. Its primary purpose is to prevent money laundering and confiscate property derived from illegal proceeds. It applies to the entire Indian nation, establishing stringent mechanisms for investigating, prosecuting, and penalizing offenders to effectively safeguard India's economic sovereignty and maintain the absolute integrity of the financial system.
2002 में लागू मनी लॉन्ड्रिंग निवारण अधिनियम अवैध वित्तीय गतिविधियों से कड़ाई से लड़ता है। इसका मुख्य उद्देश्य मनी लॉन्ड्रिंग रोकना और गैरकानूनी आय से प्राप्त संपत्ति जब्त करना है। यह पूरे राष्ट्र पर लागू होकर अपराधियों की जांच, अभियोजन और सजा के लिए सख्त तंत्र बनाता है, ताकि आर्थिक संप्रभुता की रक्षा और वित्तीय प्रणाली की अखंडता सुनिश्चित रहे।
What is PMLA
The Prevention of Money Laundering Act, 2002 is an Indian financial legislation enacted to combat the generation of black money and laundered wealth. It came into effect on July 1, 2005. This Act does not replace a prior statute but was introduced to fulfill India's international commitments, particularly to the Vienna Convention.
Its primary objectives include preventing money laundering, confiscating property derived from illicit proceeds, and adjudicating matters connected therewith. The law defines money laundering as attempting to indulge in, knowingly assisting, or actually involved in any process connected to the proceeds of crime.
It mandates strict reporting obligations from financial institutions, banks, and intermediaries. The Act established the Enforcement Directorate as the primary investigating agency, granting it sweeping powers to attach properties and prosecute offenders. By criminalizing the legitimization of illicit wealth, this legislation plays a vital role in maintaining economic stability and ensuring financial transparency across the nation.
Explanation
The Prevention of Money Laundering Act, 2002 provides a comprehensive statutory scope for combating financial crimes and illicit wealth generation in India. Its key provisions span ten chapters, meticulously detailing the processes of attachment, confiscation, and prosecution of crime-derived properties. A major structural change introduced by this Act was the creation of the Adjudicating Authority and the specialized Appellate Tribunal to handle financial disputes, shifting money laundering cases from traditional civil courts to dedicated quasi-judicial bodies.
The Act also established the Enforcement Directorate as the investigative agency. This legislation operates indispensably alongside its companion law, the Financial Intelligence Unit rules, and directly relies on the scheduled offenses listed in the Indian Penal Code and other statutes to establish the underlying predicate offense. In the Indian justice system, this Act plays a profoundly strict and transformative role.
It imposes stringent bail conditions, famously reversing the burden of proof onto the accused. Section 5 empowers authorities to provisionally attach properties for 180 days, preventing the dissipation of illicit assets. Landmark Supreme Court judgments have interpreted its stringent provisions to balance individual liberty with national economic security. By targeting the proceeds of crime, this legislation ensures financial stability and accountability across the nation.
Sections (Showing 1 to 10 of 79)
Section 1 to Section 10 (10 Sections)
Short title, extent and commencement.
(1) This Act may be called the Prevention of Moneylaundering Act, 2002. (2) It extends to the whole of India. (3) It shall come into force on such date 1 as the Central Government ...
Definitions.
(1) In this Act, unless the context otherwise requires,-- (a) "Adjudicating Authority" means an Adjudicating Authority appointed under sub-section (1) of section 6; (b) "Appellate ...
Offence of money-laundering.
Whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected with the 1 [proceeds ...
Punishment for money-laundering.
Whoever commits the offence of money-laundering shall be punishable with rigorous imprisonment for a term which shall not be less than three years but which may extend to seven yea...
Attachment of property involved in money-laundering.
1 [(1)Where the Director or any other officer not below the rank of Deputy Director authorised by the Director for the purposes of this section, has reason to believe (the reason f...
Adjudicating Authorities, composition, powers, etc.
(1) The Central Government shall, by notification, appoint 1 [an Adjudicating Authority] to exercise jurisdiction, powers and authority conferred by or under this Act. (2) An Adjud...
Staff of Adjudicating Authorities.
(1) The Central Government shall provide each Adjudicating Authority with such officers and employees as that Government may think fit. (2) The officers and employees of the Adjudi...
Adjudication.
(1) On receipt of a complaint under sub-section (5) of section 5, or applications made under sub-section (4) of section 17 or under sub-section (10) of section 18, if the Adjudicat...
Vesting of property in Central Government.
Where an order of confiscation has been made under 1 [sub-section (5) or sub-section (7) of section 8 or section 58B or sub-section (2A) of section 60] in respect of any property o...
Management of properties confiscated under this Chapter.
(1) The Central Government may, by order published in the Official Gazette, appoint as many of its officers (not below the rank of a Joint Secretary to the Government of India) as ...
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