CHAPTER V SUMMONS, SEARCHES AND SEIZURES, ETC

Section 24: Burden of proof

The Prevention of Money-laundering Act, 2002

¹[In any proceeding relating to proceeds of crime under this Act,—

(a) in the case of a person charged with the offence of money-laundering under section 3, the Authority or Court shall, unless the contrary is proved, presume that such proceeds of crime are involved in money-laundering; and

(b) in the case of any other person the Authority or Court, may presume that such proceeds of crime are involved in money-laundering.]

Footnotes in the official text

1.Subs. by s.19, ibid., for section 24 (w.e.f. 15-2-2013).

Leading cases

Vijay Madanlal Choudhary v. Union of India (2022)The Court upheld the challenged PMLA provisions, including Sections 5, 19, 24, 45 and 50, read down the proviso to Section 44(1)(a), gave Section 3 a wide reading, and held that ED officers are not police officers.
Nikesh Tarachand Shah v. Union of India (2017)The Court declared Section 45(1) of the Prevention of Money Laundering Act, 2002, insofar as it imposed two further conditions for bail, unconstitutional as violating Articles 14 and 21, and remanded the bail matters.