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Can a Person Be Prosecuted for PMLA Even If Not Named as an Accused in the Predicate FIR or Charge-Sheet?

A person does not automatically escape PMLA prosecution merely because police never named that person as an accused in the predicate FIR or charge-sheet. The Supreme Court in Pavana Dibbur recognised that a person may enter the chain after commission of the scheduled offence and may still face Section 3 PMLA allegations concerning concealment, possession, acquisition, use or another process connected with alleged proceeds of crime. But PMLA does not create guilt by association. ED must still establish the foundational scheduled offence, identify property legally capable of constituting “pro

Premium16 Aug 202631 min readCriminal DefencePMLAED SummonsECIRProvisional Attachment
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Can a Person Be Prosecuted for PMLA Even If Not Named as an Accused in the Predicate FIR or Charge-Sheet?

A person does not automatically escape PMLA prosecution merely because police never named that person as an accused in the predicate FIR or charge-sheet. The Supreme Court in Pavana Dibbur recognised that a person may enter the chain after commission of the scheduled offence and may still face Section 3 PMLA allegations concerning concealment, possession, acquisition, use or another process connected with alleged proceeds of crime. But PMLA does not create guilt by association. ED must still establish the foundational scheduled offence, identify property legally capable of constituting “pro

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