GS3 · 15 marks · 250 words

Keeping in view the recent amendment, examine the efficacy of the Prevention of Money Laundering Act, 2002, in tackling the menace of money laundering in India.

Answered by 4 toppers · CSE 2023–2025

Syllabus: Challenges to internal security through communication networks, role of media and social networking sites in internal security challenges, basics of cyber security; money-laundering and its prevention.

How toppers approached it

From all 4 answers · about 270 words · 50% drew a diagram.

Opening

  • A definition2 of 4
  • A figure1 of 4
  • No separate opening1 of 4

Body

  • Points and prose2 of 4
  • Points2 of 4

Close

  • A summary2 of 4
  • A way forward2 of 4

The toppers’ answers

Animesh PradhanAIR 2 · CSE 2023 · 274 wordsTheir whole copy

Opening · a figure

As per FATF estimates, money laundering accounts for 3-5% of global GDP hindering the economic & political stability in both world & India. With recent amendment in Prevention of Money Laundering Act, 2002 (PMLA), money laundering is tackled by →

Body · points and prose

icking transactions] → [Integrating ex purchase of real estate]

With recent amendment in Prevention of Money Laundering Act, 2002 (PMLA), money laundering is tackled by →

① More teeth to Enforcement directorate to search, scope and seizure of money appropriated from money laundering (section 16, 17, 18)

(2) Arrest without warrant and investigation (section 50) process strengthened by amendment.

(3) Section 24 mandates the burden of proof lies on the accused, hence making it difficult for the criminals to prove innocence.

(4) Enforcement Case Information Report is not mandated to be made public or shown to the accused to reduce the scope of tampering.

(5) Proceeds of crime that has been used to buy other assets, shall be confiscated along with these assets making a strong deterrence.

Apart from the amendment in PMLA, additional mechanisms must be strengthened to reduce the menace of money laundering:

  1. Finance Intelligence Unit and Economic Intelligence Unit for overall money + monitoring of economic transactions.

  2. Institutional mechanisms like FICN- Coordination group to check counterfeiting enabled money laundering.

  3. Organisations like CFT (combating for financing of terrorism), TFFC (Terror financing & Fake currency) to be strengthened.

  4. International collaborations using FATF, BIMSTEC subgroup on money laundering, Asia-Pacific group etc.

  5. Use of technology like AI/ML and block-chain to highlight the suspicious transaction.

  6. Cryptocurrency & block chain based money laundering to be tackled by global collaborative efforts, pioneered by World Bank & IMF.

Close · a summary

Hence to achieve a robust & stable economic regime, policy & institutional set up must be strengthened to tackle money laundering.

More on Money Laundering

Laundering and its prevention, hawala, benami and shell entities, the PMLA and the FATF, financial crime.

All GS3 questions on Money Laundering