Indian Journal for Research in Law and Management

Advancing Law and Management

ISSN No. : 2583-9896

PMLA At A Crossroads: Legal Framework, Judicial Review, And Reformable Safeguards

Cite this Article

Sameera P.S (2025). PMLA At A Crossroads: Legal Framework, Judicial Review, And Reformable Safeguards. The Indian Journal for Research in Law and Management, Volume II(Issue 12). Retrieved from https://ijrlm.com/journal/pmla-at-a-crossroads-legal-framework-judicial-review-and-reformable-safeguards/

Abstract

From a policy and doctrinal point of view, this article examines the Prevention of Money Laundering Act, 2002 (PMLA), laying out its fundamental structure, recent legislative amendments, and notable judicial involvement. First discussed is the legal definition of money laundering under Section 3, together with the enforcement structure emphasizing on the Enforcement Directorate, Adjudicating Authority, and Special Courts. By looking at significant procedural techniques, including provisional attachment, adjudication, confiscation, and statutory presumptions that shift evidentiary burdens, the essay positions reporting-entity responsibilities within India's financial intelligence ecosystem. It assesses the results of the Supreme Court's combined review in Vijay Madanlal Choudhary as well as the changes made in 2019 and 2022 on the criteria for bail, the scope of planned crimes, and apparent evidentiary reversals. Emphasizing the possibility of institutional overreach, the policy assessment contrasts the effectiveness of enforcement with issues about civil liberties and draws parallels between FATF and global AML practice. The essay ends with particular steps to preserve investigatory effectiveness while recovering openness and procedural safeguards.

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The Indian Journal for Research in Law and Management
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2583-9896
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