Can an Accused in a Money Laundering Case get Legal Relief? Best Lawyer for White Collar Crimes in Delhi

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Introduction
Money laundering in India is a grave offence which is governed by the Prevention of Money Laundering Act (PMLA), 2002, designed to safeguard the country’s financial activity against illegal practices. PMLA also offers legal remedies for the accused under certain specific circumstances. If you are seeking assistance from the best lawyer for white-collar crimes in Delhi, it is crucial to understand your options when facing such charges. It is crucial for individuals to understand these options when facing such charges. This blog showcases these options briefly by citing statutes and key judicial interpretations.

Legal Relief Options:
Bail under the PMLA
Let us see the ‘twin conditions’ which imposes stringent conditions for granting bail under Section 45 of the PMLA:
Þ If the court believes that there may be reasonable grounds to suggest the accused may not be guilty of the offence.
Þ The accused must give assurance to the court that we will reoffend if released.
The courts can apply the “triple test” mentioned in the Code of Criminal Procedure (CrPC) as these conditions above mentioned here are quite stringent in nature. It focuses on if the accused poses a risk, he may tamper with the evidence if released or has strong ties to the community. Consulting a white-collar crime legal services provider in Gurugram can be critical for navigating this process effectively. In such cases judicial discretion becomes essential to balance the strict provision of the PMLA with the accused’s rights.

Acquittal in Predicate Offence
Under section 3 of the PMLA is the connection to a “predicate offence” which is a key aspect of money laundering charges – a scheduled crime listed under the Act. With the acquittal of the accused of this underlying offence, the charges of money laundering automatically collapses because the proceeds of the crime must be linked to a proven predicate offence. Seeking guidance from a financial crime lawyer in Delhi NCR can provide a deeper understanding of how to leverage such precedents for relief. The same was also highlighted in the landmark case – Vijay Madanlal Choudhary v Union of India (2022).

Challenging Assets Attachments
The Enforcement Directorate (ED), under section 5 and 8 of the PMLA can attach assets believed to be proceeds of the crime. The suspected person(s) can appeal before the Adjudicating Authority and, if necessary, then to the Appellate Tribunal. It has always been emphasised by the Courts that all attachments must follow due process to ensure protection against capricious seizures and upholding property rights.

Relief for Undertrials
Trials of money laundering cases under the PMLA can often stretch for years. Section 436 of the CrPC provides relief to undertrials who have already served half of the maximum sentence for the alleged offence thereby enabling the undertrials to obtain bail when prolonged incarceration occurs.

Judicial Oversight & Balancing Act
The Indian judiciary plays a pivotal role in balancing the PMLA’s tough anti-money laundering provisions along with individual rights. For instance, the Supreme Court in Pankaj Bansal v Union of India has highlighted the need for written disclosure of arrest grounds to guarantee transparency in ED actions. Likewise, it is important to allow judicial discretion for protection against exploitation of law.
Relevant case laws;
➢ Nikesh Tarachand Shah v. Union of India (2017), the original version of section 45 – bail conditions were struck down as being unconstitutional and later on the provision was amended. However, it still requires careful judicial assessment for the grant of bail.
➢ Vijay Madanlal Choudhary v. Union of India (2022), held that acquittal or discharge in a predicate offence by default nullifies money laundering charges thereby providing substantial relief to the accused.

Conclusion
Although relief is mentioned under the PMLA, it is heavily dependent on strict compliance with legal obligations, procedural safeguards and judicial decisions. Personas facing allegations with money laundering cases should work in close parameters with experienced advocates who specialise in such financial crimes. It can significantly improve the chances of obtaining bail, challenging property attachment, or securing acquittal. Legal counsel, particularly in Delhi NCR or Gurgaon regions can offer white-collar crime legal services in Gurugram or financial crime lawyers in Delhi NCR can significantly improve the chances of obtaining bail, challenging property attachment, considerably improve your chances of obtaining bail, challenging property attachment, or securing acquittal.

Frequently asked Question;
Can an accused get bail in a money laundering case under the PMLA?
Bail is possible but the conditions under which the accused can obtain a bail is stringent as the conditions mentioned under section 45 must be fulfilled. It is crucial to convince the court that the accused did not commit the alleged offence and/or is unlikely to reoffend.
What happens if the predicate offence in a money laundering case is dismissed?
If the accused is acquitted or if the case is dismissed for the predicate offence – the underlying scheduled crime- the charges cannot stand as the crime must originate from a proven offence. Without any foundation the money laundering case becomes unenforceable therefore providing substantial relief to the accused.
Authored By; Adv. Anant Sharma

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