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  • Writer's pictureChambers of Daksha Kumar

A person handing over the money with intent to bribe a public servant can be booked under PMLA

The Supreme Court of India in the case titled Directorate of Enforcement Vs. Padmanabhan Kishore has held that if a person hands over money to a public servant with the intention to bribe him, then the person is said to be a party connected to the 'proceeds of crime’ and is liable to be booked under the Prevention of Money Laundering Act (PMLA).

The intention on the part of the person handling the money as a bribe is what is relevant.

The division bench of Chief Justice UU Lalit and Justice Bela M Trivedi opined that "Such intent having been entertained well before the amount is actually handed over, the person concerned would certainly be involved in the process or activity connected with 'proceeds of crime' including inter alia, the aspects of possession or acquisition thereof. By handing over the money with the intent of giving bribe, such person will be assisting or will knowingly be a party to an activity connected with the proceeds of crime".

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