PMLA and the Doctrine Against Double Jeopardy (Polity)
PMLA and the Doctrine Against Double Jeopardy (Polity)
Why In News:
A High Court held that PMLA prosecution after conviction for the predicate offence does not amount to a second trial and therefore does not violate the constitutional protection against double jeopardy.
Source: The Hindu, Page 5, 11 August 2026 - 'PMLA case after conviction for predicate offence doesn't amount to second trial: HC'
Double jeopardy
Constitutional provision: Article 20(2) of the Constitution: 'No person shall be prosecuted and punished for the same offence more than once.'
Scope of Article 20(2): It applies only when the offence being tried a second time is the 'same offence', based on identical facts and ingredients as the earlier trial.
Wider statutory protection: Section 300 of the Code of Criminal Procedure (correspondingly Section 337 of the Bharatiya Nagarik Suraksha Sanhita, 2023) offers broader protection than Article 20(2), barring even a second trial for a different offence arising from the same facts.
About PMLA
Objective: The PMLA came into force in 2005 to prevent money laundering and provide for the attachment and confiscation of proceeds of crime.
Enforcement: The Directorate of Enforcement (ED) is empowered to investigate money-laundering cases, attach assets, and prosecute offenders.
Scope: The Act covers individuals, companies, financial institutions and intermediaries involved directly or indirectly in money laundering.
Offence & Penalty: Money laundering is a cognisable and non-bailable offence, punishable with rigorous imprisonment and fine.
Money laundering is a distinct offence: The offence under Section 3 of PMLA is separate from the underlying scheduled or predicate offence.
A predicate offence refers to a criminal activity that generates illicit proceeds, which can then be laundered through money laundering schemes.
Why no double jeopardy: Since money laundering has different ingredients from the predicate offence, prosecuting both does not attract Article 20(2).
Key Facts for Prelims
Investigating agency: The Enforcement Directorate (ED) is the central agency responsible for investigating offences under PMLA.
Trial forum: PMLA cases are tried before a Special Court designated under the Act, separate from the ordinary criminal court trying the predicate offence.
Common law roots: The doctrines of 'autrefois convict' (already convicted) and 'autrefois acquit' (already acquitted) are the common law principles underlying protection against double jeopardy.
PMLA institutional architecture: The Act provides for attachment of proceeds of crime, and adjudication before an Adjudicating Authority and an Appellate Tribunal.
Exceptions to double jeopardy: Article 20(2) does not bar separate departmental disciplinary proceedings and a criminal trial for the same act, since the two proceedings are of a different character.