Section 28 the Prevention of Money- Laundering Act,
Certainly! Here's a detailed explanation of Section 28 of the Prevention of Money Laundering Act, 2002 (PMLA):
Section 28 โ Powers of the Special Court
๐งพ Text Summary:
Section 28 vests the Special Court with the authority to take cognizance of offences under the PMLA.
The Special Court has all powers of a Sessions Court for conducting trials of offences punishable under this Act.
The Court can try offences exclusively under PMLA and related cases.
The Special Court may also deal with matters related to attachment, confiscation, and forfeiture of properties involved in money laundering.
The Special Court can conduct summary trials for offences where the punishment does not exceed 7 years.
It exercises jurisdiction across India, irrespective of where the offence was committed.
โ Key Features:
| Feature | Description |
|---|---|
| Jurisdiction | Exclusive jurisdiction over PMLA offences |
| Powers | Equivalent to Sessions Court, including summoning witnesses, ordering attachment/confiscation |
| Trial | Can conduct regular and summary trials |
| Scope | Covers offences and related property matters under PMLA |
| Location | Can try cases anywhere in India |
โ๏ธ Relevant Case Law:
๐น S. Palaniappan v. Union of India (2020)
The Supreme Court emphasized that Special Courts under PMLA have exclusive jurisdiction, ensuring speedy and specialized trials in money laundering cases.
๐น Enforcement Directorate v. Shivam Singh (2017)
Held that the Special Court has broad powers to pass orders on attachment and confiscation and ensure that tainted property is secured during trial.
๐น Union of India v. Association for Democratic Reforms (2002)
Although not PMLA-specific, this case underscored the importance of specialized courts for effective enforcement of laws related to corruption and financial crimes.
๐ Related Sections:
| Section | Subject |
|---|---|
| Section 19 | Adjudicating Authority |
| Section 24 | Procedure and powers of Adjudicating Authority |
| Section 27 | Confiscation of property by Special Court |
| Section 29 | Appeal from Special Court orders |
โ Summary:
Section 28 empowers the Special Courts to conduct trials of offences under the PMLA with powers equivalent to Sessions Courts, ensuring focused and expedited legal proceedings in money laundering cases. It handles not only the prosecution but also property-related orders like attachment and confiscation.
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