The PMLA seeks to combat money laundering in India and has three main objectives:
When money or wealth, in any form, generated or derived through illegal means or sources is injected into main stream of finance duly disguising the source of money or wealth as legal by a sequence of malafied process, a case of Money Laundering is made out. In other words, the money or wealth derived through illegal or criminal activity or process in terms of "Scheduled Offence" is termed as "Proceeds of Crime".
The offences listed in the Schedule to the Prevention of Money Laundering Act, 2002 are "Scheduled Offences".
Every Scheduled Offence is a Predicate Offence which is a pre requisite for initiating investigation into offence of Money Laundering.
The burden of proof to prove that the alleged Proceeds of Crime are proceeds out of lawful sources lies with the accused.
This is where a genuine person, erroneously looped in to investigation under PMLA and vested with the burden of proof, needs the support of a competent and promising Lawyer to put all facts and figures in proper presentation before the Adjudicating Authority and Appellate Tribunal to prove himself not guilty.