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A Perspective On White-Collar Crimes In India: PMLA, ED Powers And Constitutional Challenges
['Nar Hari Singh']
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A Perspective on White Collar Crimes In IndiaWhen people think of crime, the image that comes to mind is usually one of physical violence.
Edwin Sutherland coined the term in 1939 to capture the impact of non-violent offences committed by the wealthy and powerful.
In India, the primary legislation to combat such offences is the Prevention of Money Laundering Act, 2002 (“PMLA”).
Statutes such as the Benami Transactions (Prohibition) Act, the Prevention of Corruption Act and the Fugitive Economic Offenders Act supplement the PMLA, which remains the centrepiece.
The Offence of Money LaunderingMoney laundering under the PMLA covers any process involving the proceeds of crime, including their concealment, possession, acquisition, use, or projection as untainted property.