ARTICLE
17 August 2017

Punishment For Offenses Under AML Of India (Prevention Of Money Laundering Act, 2002 [PMLA])

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Vaish Associates Advocates

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Established in 1971, Vaish Associates, Advocates is one of the best-known full-service law firms in India. Since its inception, it continues to serve a diverse clientele, including domestic and overseas corporations, multinational companies and individuals. Presently, the Firm has its operations in Delhi, Mumbai and Bengaluru.
In certain cases, the offences under Narcotic Drugs and Psychotropic Substances Act, 1985 are punishable with rigorous imprisonment up to 10 years.
India Government, Public Sector
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Section 4 of PMLA prescribes the Punishment for Money-Laundering as under:

Rigorous Imprisonment for a term

  • which shall not be less than Three years, but
  • which may extend to 7 years/10 years, and
    • shall also be liable to fine.

In certain cases, the offences under Narcotic Drugs and Psychotropic Substances Act, 1985 are punishable with rigorous imprisonment up to 10 years. The fine under PMLA is without any limit and the same may be commensurate to the nature and extent of offence committed and the money laundered.

Arrests

Under Section 19 of PMLA, the appropriate authority under the Act has the power to arrest any person provided that such authority on the basis of the material in his possession has reason to believe that such person has been guilty of any offence punishable under PMLA. After the arrest, the person arrested has to be informed about the grounds for his arrest. It is also required that the person so arrested shall, within 24 hours, be produced before the Judicial Magistrate or a Metropolitan Magistrate, as the case may be, having jurisdiction.

You may also refer to the following link for details on anti-money laundering (AML) laws in India: http://moneylaundering.legal .

*Vijay Pal Dalmia, Advocate & Partner Vaish Associates Advocates
Email: vpdalmia@vaishlaw.com   Mobile: 09810081079

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The content of this article is intended to provide a general guide to the subject matter. Specialist professional advice should be sought about your specific circumstances. The views expressed in this article are solely of the authors of this article.

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