Prosecution for money laundering after conviction for predicate offences is not double jeopardy: Karnataka High Court
The Karnataka High Court has ruled that prosecuting individuals under the Prevention of Money Laundering Act (PMLA) after they have been convicted for predicate offences does not constitute double jeopardy. The court clarified that PMLA charges represent a distinct statutory offence rather than a second trial for the same crime.
Why it matters
This decision clarifies the legal boundaries of anti-money laundering enforcement in India, preventing defendants from using double jeopardy claims to evade PMLA prosecution.
When a person is convicted for offences under the Indian Penal Code (IPC) or other laws, which are described as a scheduled offence/predicate offence under the Prevention of Money Laundering Act (PMLA), the subsequent prosecution of such convicted persons exclusively under the provisions of the PMLA does not amount to second trial for the same offences, said the High Court of Karnataka.
“The prosecution under the PMLA is neither the second trial for the same offence nor a Constitutional transgression. The offence under the PMLA derives its existence from the laundering of proceeds of crime, though emanating from the commission of predicate offence,” the court observed.
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