Applicability and classification
Identify the persons, entity, transaction, instrument or proceeding to which section 3 applies. Do not rely on internal labels where the Act or a linked instrument uses a different test.
Indian Laws › Prevention of Money-Laundering Act, 2002 › Section 3
Section 3: Offence of money-laundering
Section 3 of Prevention of Money-Laundering Act, 2002: paragraph-wise source map, Finin2min interpretation, implementation controls, example and practical Q&A.
Paragraph-wise controlsSubordinate-law bridgeExamples + Q&A
Dedicated Finin2min Summary — Section in 2 Minutes
- This provision creates penal or enforcement exposure. The analysis must distinguish the prohibited act, mental element where relevant, responsible persons, defences, adjudication route and consequence.
- Section 3 must be read with its current amendments and the subordinate instruments linked to Prevention of Money-Laundering Act, 2002.
- The operating decision is not complete until applicability, authority, event date, evidence, deadline, remedy and cross-law overlays are documented.
Current statutory text / controlled source map
Exact-text gate: This conversion page does not reproduce unverified statutory wording. Read the signed/current official text, amendments, provisos, explanations, schedules and commencement instruments before reliance.
Official gateway: Open primary source
Source status: Official India Code / authority source controls; local exact text not certified in this patch · Title available in retained/official index
Paragraph-wise provision map and Finin2min interpretation
Operative trigger
Record the event, decision, threshold, default, filing, transaction or conduct that activates the provision on the relevant date.
Actor and authority
Separate the duty-holder, decision-maker, regulator, tribunal, court, authorised signatory and evidence owner. Confirm delegation and jurisdiction.
Subordinate-law bridge
Check every Rule, Regulation, notification, circular, direction, form and authority instruction enabled by or connected with this provision.
Evidence and consequence
Preserve source text, facts, approvals, computations, filings, service and outcome. Map non-compliance to cure, remedy, penalty, appeal and limitation.
Forum and date control
Maintain a matter chronology with trigger, service, exclusion, appeal, review, condonation and enforcement dates. Verify special-law periods before general limitation assumptions.
Practical example and implementation
Illustrative fact pattern.
A compliance failure is discovered internally. The response team preserves the original record, stops continuing exposure, quantifies impact, identifies responsible roles and evaluates correction, disclosure and defence options.
Section-specific action: apply the exact wording of section 3, document each statutory element and link the conclusion to the current instrument/source pack.
Authority, consent and execution controls
- Confirm legal identity, capacity, beneficial ownership and regulated status.
- Confirm board, partner, trustee, office-holder, attorney or delegated authority.
- Preserve the final approved version, incorporated schedules, signatures and timestamps.
- Separate legal approval, business approval, regulator approval and portal acceptance.
Evidence and document-retention checklist
- Official Act text, amendment and commencement snapshot used.
- Linked Rule, Regulation, notification, circular, direction and prescribed form.
- Facts, chronology, classification memo and legal authority.
- Approvals, calculations, filing/service acknowledgements and correspondence.
- Exception, breach, remediation, appeal and closure evidence.
Performance, payment, loss and remedy framework
Performance/payment
Reconcile milestones, due dates, acceptance, consideration, tax, withholding, interest, security and accounting evidence where relevant.
Breach/loss
Separate statutory breach, causation, quantification, mitigation, penalty, restitution, compensation and professional exposure.
Forum/limitation
Confirm the competent authority, tribunal or court and calculate every filing, appeal, review and enforcement date from the controlling event.
Company, LLP, partnership, GST, tax, IBC, FEMA and data overlays
Test entity authority, related-party and disclosure rules; GST supply/invoice/credit-note treatment; income-tax/TDS and accounting treatment; insolvency moratorium/claims; FEMA for cross-border elements; stamp/registration; and data/privacy controls. Apply only overlays relevant to the facts.
Practical Q&A
What is the first practical test under section 3 of Prevention of Money-Laundering Act, 2002?
Classify the facts and confirm that section 3 is the operative provision on the relevant date. Then identify the responsible actor, authority, linked instrument and required evidence.
Can a portal filing or internal approval by itself prove compliance with section 3?
No. It is evidence of one step only. The underlying statutory classification, authority, computation, disclosure, timing and retained records must also be correct.
Which subordinate materials should be checked for section 3?
Check the enabling Rules or Regulations, commencement and amendment notifications, current circulars or directions, prescribed forms, authority guidance and any State or sector overlay relevant to Prevention of Money-Laundering Act, 2002.
What should be retained in the section 3 working paper?
The official text snapshot, amendment/effective-date note, facts, authority, calculations, approvals, filings, service proof, correspondence, exceptions, decision and review sign-off.
Section-specific decision flow
Facts and event date → statutory classification → exact text and subordinate instruments → authority and evidence → computation/workflow → exception or breach → remedy/forum → review and retention.