A Guide To The Law of Money Laundering

This comprehensive text offers a clear and up-to-date exposition of the law governing money-laundering in India. The authors systematically trace the evolution of the offence, map out the key legislative framework, explore investigative and adjudicatory mechanisms, and include useful appendices. Written in an accessible style, it is designed to guide practitioners, students and compliance professionals through the complexities of the Prevention of Money Laundering Act, 2002 and its allied procedures.

Key Features:

• Covers the historical origin of money-laundering crime and legislative response
• Detailed breakdown of the offence of money-laundering under the PMLA and related provisions
• Explanation of the Investigation Case Information Report (ECIR) vs FIR distinction, and tools of investigation including summons, search and seizure
• In-depth discussion of attachment, adjudication and confiscation of property under the PMLA
• Examination of the burden of proof, arrest, record retention and appellate remedies under the Act
• Coverage of obligations of reporting entities, Know-Your-Customer (KYC) norms and interplay of the Act with other laws such as the Code of Criminal Procedure, 1973
• Special focus on companies' liability (Section 70), inquiries by the Enforcement Directorate, and constitutional review
• Useful appendices for quick reference, including key statutory provisions, forms and case law references

This book is a valuable resource for lawyers, compliance officers, regulators, law-students and corporate professionals seeking a thorough and practical understanding of money-laundering law and practice in India.

Chapter 1. A short history of the origin of the crime
Chapter 2. The Enactment of the Legislatio
Chapter 3. Offence of Money Launderin
Chapter 4. (ECIR) The Enforcement Case Information Report v. FI
Chapter 5. Attachment, Adjudication and Confiscation of Propert
Chapter 6. Adjudicating Authorities, composition, powers, etc.
Chapter 7. Limitation on Authorities under Attachment, Adjudication and Confiscation
Chapter 8. Tools of Investigation - Summons, Searches and Seizures etc.
Chapter 9. Burden of Proof
Chapter 10. Arrest, Retention of Property and Records
Chapter 11. Retention of Property (Section 20)
Chapter 12. Appellate Remedies
Chapter 13. Special Court
Chapter 14. Bail under PMLA
Chapter 15. Obligations of Reporting Entitie
Chapter 16. Authorities - Power and Functions
Chapter 17. Value of Statement during Investigation (Section 50)
Chapter 18. Know Your Customer (KYC) implementation
Chapter 19. Applicability of CrPC to PMLA (Section 65)
Chapter 20. Bar of Civil Courts & Constitutional Remedies under Article 226, 227 & 32 of the Constitution of India (Section 67)
Chapter 21. Procedure of Attachment and Confiscation of Property between India and other Nations
Chapter 22. Offences by Companies (Section 70)
Chapter 23. Vexatious Search and False Information
Chapter 24. Enforcement Directorate
With Useful Appendices