India: a deep dive into the Prevention of Money Laundering Act and compliance requirements
What happened
India's Prevention of Money Laundering Act (PMLA), enacted in 2002 and operationalised from 1 July 2005 via the Directorate of Enforcement (ED), is the primary legislation combating money laundering. It criminalises concealment, possession, acquisition or use of proceeds of crime. Penalties range from 3–7 years rigorous imprisonment (up to 10 years for NDPS-linked offences). Both individuals and corporate entities face prosecution. The FIU-IND and ED are the twin enforcement arms, with sectoral regulators like RBI, SEBI, and IRDAI supplementing compliance.
Why it matters
The PMLA is not merely a penal statute — it is a layered compliance architecture. Understanding it requires grasping three interlocking components: predicate offences, proceeds of crime, and the reporting entity framework.
First, money laundering cannot exist in isolation — it presupposes a 'scheduled offence' generating tainted property. The Schedule to PMLA has three parts: Part A covers domestic predicate offences (IPC/BNS, NDPS Act, Prevention of Corruption Act, SEBI Act); Part B covers Customs Act violations above ₹1 crore; and Part C recognises cross-border offences with extraterritorial reach, including foreign crimes whose proceeds travel to India.
Second, the offence is a 'continuing offence' — it does not crystallise at one point but persists as long as proceeds remain concealed or projected as untainted. This is critical for limitation period questions: since PMLA prescribes no limitation period and the offence is continuing, prosecutions can be initiated long after the predicate crime.
Third, corporate liability under Section 70 means both the entity and the responsible officer can be prosecuted simultaneously — a dual liability model important for CLAT PG's application-based questions.
The ED exercises exclusive PMLA powers including provisional attachment of property. FIU-IND handles suspicious transaction reports (STRs) from reporting entities. This institutional architecture — ED for prosecution, FIU-IND for intelligence, RBI/SEBI/IRDAI for sectoral compliance — forms the backbone of India's AML framework.
First, money laundering cannot exist in isolation — it presupposes a 'scheduled offence' generating tainted property. The Schedule to PMLA has three parts: Part A covers domestic predicate offences (IPC/BNS, NDPS Act, Prevention of Corruption Act, SEBI Act); Part B covers Customs Act violations above ₹1 crore; and Part C recognises cross-border offences with extraterritorial reach, including foreign crimes whose proceeds travel to India.
Second, the offence is a 'continuing offence' — it does not crystallise at one point but persists as long as proceeds remain concealed or projected as untainted. This is critical for limitation period questions: since PMLA prescribes no limitation period and the offence is continuing, prosecutions can be initiated long after the predicate crime.
Third, corporate liability under Section 70 means both the entity and the responsible officer can be prosecuted simultaneously — a dual liability model important for CLAT PG's application-based questions.
The ED exercises exclusive PMLA powers including provisional attachment of property. FIU-IND handles suspicious transaction reports (STRs) from reporting entities. This institutional architecture — ED for prosecution, FIU-IND for intelligence, RBI/SEBI/IRDAI for sectoral compliance — forms the backbone of India's AML framework.
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