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Chronology Trap in PMLA: “The Money Entered My Account Before the Alleged Scheduled Offence — Can ED Still Call It Proceeds of Crime?”

If money or property genuinely existed before the criminal activity alleged to constitute the scheduled offence, that chronology creates a fundamental Section 2(1)(u) causation problem: property cannot ordinarily be said to have been derived or obtained “as a result of” criminal activity that had not yet occurred. Pavana Dibbur directly supports this distinction. But three qualifications matter: the actual predicate conduct may have begun before the FIR or ECIR; later proceeds may become mixed with an older balance and require transaction-level tracing; and after the Supreme Court's 2026 Nav N

Premium21 Aug 202620 min readCriminal DefencePMLAED SummonsECIRProvisional Attachment
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Chronology Trap in PMLA: “The Money Entered My Account Before the Alleged Scheduled Offence — Can ED Still Call It Proceeds of Crime?”

If money or property genuinely existed before the criminal activity alleged to constitute the scheduled offence, that chronology creates a fundamental Section 2(1)(u) causation problem: property cannot ordinarily be said to have been derived or obtained “as a result of” criminal activity that had not yet occurred. Pavana Dibbur directly supports this distinction. But three qualifications matter: the actual predicate conduct may have begun before the FIR or ECIR; later proceeds may become mixed with an older balance and require transaction-level tracing; and after the Supreme Court's 2026 Nav N

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