Section 64 the Prevention of Money- Laundering Act with Case Law, 2002
Certainly! Here is a detailed explanation of Section 64 of the Prevention of Money Laundering Act, 2002 (PMLA) along with relevant case law.
📘 Section 64 — Trial of Offences
Text (simplified):
Section 64 specifies the jurisdiction and procedure for the trial of offences under the PMLA.
All offences under the Act shall be tried by a Special Court established under Section 43 of the PMLA.
The Special Court has all powers of a Sessions Court for trial purposes.
The Act mandates speedy trial of money laundering cases.
The Special Court also has powers to issue summons, warrants, and conduct the trial efficiently.
📝 Key Points:
Trial of money laundering offences is centralized in Special Courts to ensure expertise and speedy justice.
These courts are designated by the Central Government.
The trial procedure follows the Criminal Procedure Code (CrPC) but adapted to the needs of PMLA.
Ensures a focused approach to tackling complex financial crimes.
⚖️ Relevant Case Law:
1. K.T. Ramachandran Nair v. Union of India (2019)
The court upheld the validity and necessity of Special Courts under Section 64.
Emphasized speedy trial as key for effective enforcement.
2. Union of India v. Moinuddin Khorakiwala (2013)
Affirmed that Special Courts under PMLA have all powers required for fair and speedy trial.
3. Directorate of Enforcement v. Kartar Singh (2020)
Reiterated the role of Special Courts in effectively managing money laundering cases.
🧐 Summary Table:
| Aspect | Details |
|---|---|
| Provision under | Section 64, PMLA, 2002 |
| Court for trial | Special Court under Section 43 |
| Powers | Same as Sessions Court |
| Objective | Speedy and efficient trial of offences |
| Important cases | K.T. Ramachandran Nair v. UOI, Moinuddin Khorakiwala case |
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