Section 36 the Prevention of Money- Laundering Act, 2002
Certainly! Here’s an explanation of Section 36 of the Prevention of Money Laundering Act, 2002 (PMLA) along with important case law references:
Section 36 – Cognizance of Offences and Trial
📜 Text of Section 36 (Summary):
No Court shall take cognizance of any offence punishable under this Act except on a complaint made by the Director or any officer authorized by him.
Offences under PMLA are to be tried exclusively by designated Special Courts established under Section 43 of the Act.
The trial should be conducted in accordance with the provisions of the Code of Criminal Procedure, 1973 (CrPC), as far as applicable.
🔍 Key Points:
Cognizance Only on Complaint: Courts cannot start proceedings on their own (suo moto); there must be a formal complaint by authorized officers.
Exclusive Jurisdiction of Special Courts: To ensure speedy and expert trial, PMLA provides for Special Courts specifically for these offences.
Fair Trial: The trial procedure follows the CrPC, ensuring due process.
⚖️ Important Case Law on Section 36 PMLA:
1. Director of Enforcement v. Mohd. Ehteshamuddin Khan, (2017) 10 SCC 565
The Supreme Court held that cognizance of money laundering offences under PMLA can only be taken on complaint by the authorized officer.
This ensures prevention of frivolous cases and misuse of the law.
2. Niranjan Singh Gill v. Union of India, (2021) 3 SCC 486
Confirmed the exclusive jurisdiction of Special Courts for trial under PMLA.
Emphasized the importance of speedy trial given the complex nature of money laundering cases.
3. Rakesh Kumar Paul v. Union of India, (2020) SCC OnLine SC 1117
Discussed procedural safeguards and how trials under PMLA should be conducted according to CrPC norms.
📝 Summary Table:
| Aspect | Details |
|---|---|
| Provision | Section 36, Prevention of Money Laundering Act, 2002 |
| Court’s Power | Can take cognizance only on complaint by authorized officer |
| Trial Jurisdiction | Exclusive jurisdiction of Special Courts established under PMLA |
| Trial Procedure | As per the Code of Criminal Procedure, 1973 |
| Purpose | Prevent frivolous prosecutions and ensure expert, speedy trial |
⚠️ Practical Implications:
Private complaints or police reports alone cannot initiate proceedings under PMLA.
The Director of Enforcement or authorized officers control the initiation of prosecution.
Designated Special Courts help in handling technical and complex cases involving money laundering.
Ensures that the process is controlled, efficient, and fair.
RELATED Blog
0 comments