In order to combat money laundering, several key pieces of legislation have been enacted in India. These include:
Prevention of Money Laundering Act (PMLA), 2002
Money laundering in India is governed by the PMLA, 2002, which forms the cornerstone of the country's legal framework. It defines money laundering offenses, determines penalties, and establishes definitions. Further, it outlines the procedure for investigating, attaching, and confiscating the proceeds of crime. Here are four major elements :
Offense of Money Laundering
As defined in Section 3 of the PMLA, money laundering is knowingly participating in, or attempting to participate in, any process or activity related to proceeds of crime, including concealment, possession, acquisition, or use.
Attachment and Confiscation of Property
According to the Act, the government has the authority to attach and confiscate properties that are involved in money laundering.
Adjudication and Appellate Tribunals
Money laundering cases are handled by an Adjudicating Authority and Appellate Tribunal.
Sections of the Indian Penal Code (BNS)
Money laundering is covered in several provisions, especially ones about fraud, forgery, and cheating.
Relevant sections
- Section 420 - Cheating and Dishonest Property Delivery: Fraudulent activity is often included as part of the money laundering scheme.
- Section 467 - Forgery of Valuable Security, Wills, etc.: Money laundering activities can be facilitated by using forged documents.
Foreign Exchange Management Act (FEMA), 1999
FEMA regulates foreign exchange transactions in India and plays an important role in preventing cross-border money laundering. The act replaces the Foreign Exchange Regulation Act (FERA), which provided a legal framework for foreign exchange management in the country.
Key provisions
- Regulation of foreign exchange: The Federal Emergency Management Agency (FEMA) restricts certain foreign exchange transactions, especially those that involve illegal or unauthorized funds.
- Penalties: Those who violate FEMA can be subjected to heavy penalties, including fines and imprisonment, especially if the violations are related to money laundering.
SEBI (Prohibition of Fraudulent and Unfair Trade Practices) Regulations, 2003
The Securities and Exchange Board of India (SEBI) implements these regulations in order to prevent fraudulent and unfair trading practices in the securities market. As money laundering often intersects with securities fraud, these regulations are extremely relevant.
Key provisions
- Prohibition of market manipulation: There are regulations that prohibit deceptive practices, including those that could involve laundering.
- Investigation and enforcement: It is SEBI's responsibility to investigate and take action against entities involved in fraudulent practices, including money laundering through the securities market, that violate the law.