Offence of money laundering and proceeds of crime
PMLA risk begins with property derived or obtained from criminal activity relating to a scheduled offence and conduct connected with concealment, possessio
Finin2min summary
PMLA risk begins with property derived or obtained from criminal activity relating to a scheduled offence and conduct connected with concealment, possession, acquisition, use or projection/claiming as untainted.
Legal anchors
- Sections 2(1)(u), 3 and 4
- The Schedule to PMLA
How to analyse it
- Identify the scheduled/predicate offence.
- Trace property, value and substitutions.
- Separate possession/use from legitimate-source assets.
- Preserve source-of-funds and transaction evidence.
Practical illustration
Funds generated from a scheduled fraud are layered through companies and used to acquire property. Later sale proceeds can remain relevant as value or substituted property depending on facts.
What can go wrong?
- Assuming conviction is irrelevant to strategy
- Mixing legitimate and tainted funds
- No source-of-wealth evidence
Evidence pack
- Bank trail
- Contracts and invoices
- Ownership records
- Predicate-offence documents
Decision workflow
- Freeze the facts and effective date.
- Identify the controlling Act, rule, notification, circular and jurisdictional overlay.
- Prepare a calculation or exposure note.
- Collect the evidence pack before filing, payment, signing or response.
- Record reviewer conclusion and assumptions.
Quick Q&A
Is the result automatic?
No. Identify the scheduled/predicate offence.
What is the most important control?
Preserve source-of-funds and transaction evidence.
What should be escalated?
Assuming conviction is irrelevant to strategy, especially where money, deadlines, enforcement, personal liability or irreversible transaction steps are involved.
Official source trail
- PMLA, 2002 — FIU-IND
- PMLA, 2002 PDF — FIU-IND
- PML Maintenance of Records Rules, 2005 — FIU-IND
- FIU-IND FAQs
Secondary commentary may help interpretation, but it is not the source of law.