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The offence of money-laundering is independent in its ingredients and trial, but it is not legally self-generating. Its jurisdictional foundation is property derived or obtained from criminal activity relating to a scheduled offence. Without that foundation, t…
The expression “public servant” in the Prevention of Corruption Act, 1988 is deliberately wider than the conventional idea of a permanent government e…
Since 26 July 2018, Section 8 of the Prevention of Corruption Act, 1988 directly criminalises specified conduct by the bribe giver. The provision is n…
Section 9 of the Prevention of Corruption Act, 1988 creates a distinct offence for commercial organisations. It addresses a familiar enforcement probl…
An allegation that a public servant possesses assets disproportionate to known lawful income is not established merely by identifying unexplained weal…
Section 20 creates a statutory presumption when it is proved in a qualifying trial that a public servant accepted, obtained or attempted to obtain an …
A corruption prosecution does not automatically fail because the complainant dies, becomes unavailable or does not support the prosecution. The Consti…
Trap operations are important anti-corruption tools, but recovery of treated currency is not by itself proof of every element under Section 7 of the P…
Section 19 of the Prevention of Corruption Act restricts a court from taking cognizance of specified offences alleged against a public servant without…
Section 17A, inserted in 2018, generally requires previous approval before enquiry, inquiry or investigation into an alleged PC Act offence relatable …
CBI v. Thommandru Hannah Vijayalakshmi, 2021 SCC OnLine SC 923, clarified that a preliminary enquiry is not an inflexible precondition to every corrup…
A PMLA prosecution is separate from the scheduled-offence trial, yet it depends on proceeds of crime derived from criminal activity relating to a sche…
Section 70 PMLA addresses offences by companies and other associations. It can extend liability beyond the entity, but it does not justify naming ever…
Section 24 PMLA alters the ordinary evidentiary position by creating a statutory presumption concerning proceeds of crime. Its operation must be under…
After a provisional attachment or qualifying seizure, Section 8 PMLA places the property question before the Adjudicating Authority. This stage suppli…
Section 5 PMLA enables provisional attachment of property to prevent alleged proceeds of crime from being concealed, transferred or dealt with in a ma…
Section 19 PMLA permits specified ED officers to arrest only when, on material in possession, they have reason to believe that a person is guilty of a…
Section 50 PMLA gives specified Enforcement Directorate officers powers to summon persons, require records and record evidence. A person summoned is l…