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Transfer of the Scheduled-Offence Case to the PMLA Special Court: Why the Two Trials Are Not a Joint Trial

Section 44(1)(c) permits the authorised PMLA authority to seek committal of a connected scheduled-offence case to the Special Court that has taken cognizance of the money-laundering complaint. The scheduled case ordinarily continues from the stage at which it is received, but it does not merge with the PMLA prosecution. Charges, witnesses, exhibits, evidentiary records, statements of accused and judgments remain separate. This guide explains the transfer mechanism, record-preservation safeguards, the treatment of evidence already recorded and the consequences of different or apparently inconsi

Premium11 Aug 202627 min readCriminal DefencePMLAED SummonsECIRProvisional Attachment
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Transfer of the Scheduled-Offence Case to the PMLA Special Court: Why the Two Trials Are Not a Joint Trial

Section 44(1)(c) permits the authorised PMLA authority to seek committal of a connected scheduled-offence case to the Special Court that has taken cognizance of the money-laundering complaint. The scheduled case ordinarily continues from the stage at which it is received, but it does not merge with the PMLA prosecution. Charges, witnesses, exhibits, evidentiary records, statements of accused and judgments remain separate. This guide explains the transfer mechanism, record-preservation safeguards, the treatment of evidence already recorded and the consequences of different or apparently inconsi

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