MONEY LAUNDERING IN INDIA WITH SPECIAL REFERENCE TO THE PREVENTION OF MONEY LAUNDERING ACT, 2002

Authors

  • Kush . KIIT School of Law, KIIT University, Bhubaneshwar

Keywords:

Money Laundering, criminal activity, property, legitimate

Abstract

The goal and objective of this article is to contemplate and examine the concept of money laundering in India and its law enforcement. There is no denying to the fact that money laundering is globally rampant and it occurs in almost every nook and corner of this world, and it typically involves transferring money through several countries in order to conceal its origins. This piece of article gradually starts with an idea of money laundering along with the process as well as techniques involved in it. It further harp upon the various initiatives and measures taken by the government as to prevent money laundering with special emphasis on the initiatives particularly focusing on the Prevention of Money Laundering Act, 2002. It also discusses, the status and efforts put in by the law enforcement agencies and where they specifically lack. An endeavour has been particularly made by the authors to identify the problems or the lacunae existing in the law enforcement and thus a suggestive measure has been provided in order to improve them.

Author Biography

  • Kush ., KIIT School of Law, KIIT University, Bhubaneshwar

    Kush.

    Research Scholar

    KIIT School of Law, KIIT University, Bhubaneshwar

References

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8. Smurfs: A popular method used to launder cash in the placement stage. This technique involves the use of many individuals (the "smurfs") who exchange illicit funds (in smaller, less conspicuous amounts) for highly liquid items such as traveller cheques, bank drafts, or deposited directly into savings accounts. These instruments are then given to the launderer who then begins the layering stage. For example, ten smurfs could "place" $1 million into financial institutions using this technique in less than two weeks. Money Laundering in India Kush and Kumar JCGIBL (2018) 48-55 © Law Journals 2018. All Rights Reserved Page 55

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14. Section 2(u) of the Act: any property derived or obtained , directly or indirectly, by any person as a result of criminal activity relating to a scheduled offence or the value of any such property or where such property is taken or held outside the country, then the property equivalent in value held within the country.

15. Crimes which are not mentioned specifically in the schedule of the Act.

16. Section 3 of the PMLA.

17. Section 4 of the PMLA.

18. These deal with the offences under the Narcotic Drugs and Psychotropic Substances Act, 1985, Sections 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25A, 27A, 29.

19. Provision to Section 4 of the PMLA.

20. Section 5 of the PMLA.

21. Section 12 of the PMLA.

22. Section 13 of the PMLA.

23. Section 15 of the PMLA.

24. Section 6 of the PMLA.

25. Section 10 of the PMLA.

26. Section 12 of the PMLA.

27. Section 27 of the PMLA.

28. Section 32 of the PMLA.

29. Section 43 of the PMLA.

30. Section 44 of the PMLA.

31. Section 48 of the PMLA.

32. Section 16 of the PMLA.

33. Section 18 of the PMLA.

34. Retention of Property u/s 20 of PMLA.

35. Presumption as to Records or Property in Certain Cases u/s 22 PMLA.

36. Section 24 of the PMLA.

37. Section 45 of the PMLA.

38. The Prevention of Money Laundering (Amendment) Bill . Standing Committee on Finance (2011 –2012) (56th Report) Ministry of Finance (Department of Revenue). 2011; 18p. Cite this Article Kush, Amardeep Kumar. Money Laundering in India with Special Reference to the Prevention of Money Laundering Act, 2002 . Journal of Corporate Governance and International Business Law. June 2018; 1(1): 48–55p.

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Published

2018-06-02