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Question

Q8. Consider the following statements:

1. The Prevention of Money Laundering Act (PMLA) is not a predicate-offence-oriented law.

2. A predicate offence is an offence whose earnings may become the subject of any of the money-laundering offences established under the Convention.

Which of the above statements are correct?


A

a) 1 only

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B

b) 2 only

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C

c) Both 1 and 2

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D

d) Neither 1 nor 2

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Solution

The correct option is B

b) 2 only


The Prevention of Money Laundering Act (PMLA) remains a predicate-offence-oriented law.

A predicate offence is an offence whose earnings may become the subject of any of the money-laundering offences established under the Convention.

Some States limit the predicate offences to drug trafficking, or to drug trafficking and a few other crimes

This means a case under the Act depends on the fate of cases pursued by primary agencies such as the CBI, the Income Tax Department or the police.

The latest instances are the verdicts in the 2G spectrum and Aircel-Maxis cases by the CBI courts, in which the money laundering angle probed by the Enforcement Directorate fell apart


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