Attachment and Forfeiture under Section 18A of the Prevention of Corruption Act

The 2018 amendment inserted Chapter IVA and Section 18A, applying the Criminal Law Amendment Ordinance, 1944, as far as may be, to attachment, administration and confiscation of money or property procured through a PC Act offence.

Relationship with PMLA

Section 18A begins with a qualification: save as otherwise provided under PMLA. Where alleged corruption generates proceeds of crime and PMLA action follows, the two regimes must be coordinated rather than used for duplicative recovery.

Purpose of attachment

Attachment preserves property so conviction and confiscation are not defeated by transfer or concealment. It is preventive, not a declaration of guilt. The authority must identify the offence, alleged benefit, property and statutory route.

Third-party rights

Property may be mortgaged, jointly owned or held by a purchaser. Claimants should produce title, payment trail, security documents and chronology. Nominal ownership will not defeat attachment, but genuine independent interests require adjudication.

Proportionality

The value restrained should bear a rational relationship to the alleged property procured through the offence. Counting the same benefit under both PC Act and PMLA processes without adjustment risks excessive restraint.

An effective order distinguishes preservation from final confiscation and gives affected persons the hearing and remedies available under the governing attachment procedure.

Sources

Prevention of Corruption Act, 1988, Section 18A: https://indiacode.nic.in/bitstream/123456789/9317/1/corruptiona1988-49.pdf

Criminal Law Amendment Ordinance, 1944.

Prevention of Money-Laundering Act, 2002: https://www.indiacode.nic.in/handle/123456789/15402

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