Prevention of Money Laundering Act (PMLA) 2002

Prevention of Money Laundering Act (PMLA) 2002

Context: The Supreme Court allowed petitioners to propose review issues regarding its earlier judgment upholding extensive ED powers under the PMLA, after consulting the Centre’s top law officers.  Important Pointers: 

  • Enactment: in 2002, it came into force in 2005  

  • Aim: to prevent and combat money laundering and to confiscate proceeds of crime. 

  • Section 3 of PMLA: defines money laundering as the process of making the proceeds of crime appear legitimate. 

  • Objectives of the Act: Prevent and control money laundering; Attach and confiscate property derived from or involved in money laundering; Deal with associated economic offences. 

  • Amendments: Major amendments in 2009 and 2012 expanded its scope and enforcement powers. 

  • Role of Enforcement Directorate (ED): 

  • Primary agency for investigation under PMLA. 

  • Can investigate, attach property, and file prosecution complaints. 

  • Initiated 775 new investigations and filed 333 prosecution complaints under PMLA (as of 2024–25). 

  • Mandatory Compliance: Banks, financial institutions, and intermediaries must maintain records and verify client identities. 

  • Key Institutions under PMLA: 

  • Adjudicating Authority – confirms attachment of properties. 

  • Appellate Tribunal – hears appeals. 

  • Special Courts – designated Sessions Courts for PMLA trials. 

  • International Cooperation: Allows collaboration via treaties and MoUs with foreign countries for tracing and recovering criminal proceeds.