Proceeds of crime: PMLA targets handling of tainted assets even where the person is not named in the predicate offence, scope narrowed for conspiracies. Existence of proceeds of crime is a prerequisite for an offence under the PMLA and must be derived from a scheduled offence; the PMLA reaches persons who ... Summary
Proceeds of crime: PMLA targets handling of tainted assets even where the person is not named in the predicate offence, scope narrowed for conspiracies.
Existence of proceeds of crime is a prerequisite for an offence under the PMLA and must be derived from a scheduled offence; the PMLA reaches persons who handle, conceal or possess tainted proceeds even if not named in the predicate offence. Conspiracy under Section 120B becomes a scheduled offence only when the conspiracy aims to commit an offence already listed in the PMLA Schedule, narrowing scheduled-offence scope. Property acquired prior to the scheduled offence cannot be treated as proceeds, whereas disputed acquisitions require trial determination of their linkage to tainted funds.
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