Money Laundering (PMLA) Lawyer in Gurgaon
A money laundering charge under the Prevention of Money Laundering Act, 2002, is built on top of an underlying "predicate offence" and comes with its own evidentiary rules, bail thresholds, and asset-attachment powers — a legal landscape that differs sharply from ordinary criminal defence.
Call +91 82954 13475Money laundering allegations don't stand alone — they require a "scheduled offence" underneath them, whether that's fraud, corruption, drug trafficking, or another predicate crime. Defending a PMLA charge means engaging with both the laundering allegation itself and the underlying offence it's built on, since weaknesses in one frequently affect the other. Advocate Rajat Kadyan represents clients through Enforcement Directorate investigation, attachment proceedings, and trial.
How a Money Laundering Case Is Built
The predicate offence
Every PMLA case rests on an underlying scheduled offence — without it, there's no laundering charge to answer. Challenging the predicate offence is often the most effective route to challenging the laundering allegation itself.
Proceeds of crime & attachment
The ED can provisionally attach property it believes represents "proceeds of crime" under Section 5, even before a conviction. This attachment must be confirmed by the Adjudicating Authority within a set period, and can be challenged before the Appellate Tribunal.
Bail under Section 45
PMLA bail applications must satisfy the "twin conditions" — that there are reasonable grounds to believe the accused is not guilty, and that they're unlikely to commit any offence while on bail. This is a considerably steeper hurdle than ordinary criminal bail, and requires an application built with that standard specifically in mind.
Money Laundering Legal Services
- ECIR & investigation defence: building a coordinated strategy addressing both the laundering charge and the predicate offence.
- Attachment challenges: representation before the Adjudicating Authority and Appellate Tribunal against provisional attachment.
- Bail applications: applications specifically constructed to meet Section 45's twin conditions.
- Trial representation before the PMLA Special Court, Gurugram, through to conclusion.
- Appeals before the Punjab & Haryana High Court in appropriate cases.
Money Laundering FAQ
Can I be charged with money laundering without a separate predicate offence?
No — PMLA requires an underlying scheduled offence. If that offence is quashed or the accused is acquitted of it, this materially affects the laundering charge as well.
How is PMLA bail different from ordinary bail?
Section 45's twin conditions require the court to be satisfied there are reasonable grounds the accused is not guilty — a considerably higher bar than the standard bail test.
Can attached property ever be released?
Yes — through a challenge before the Adjudicating Authority or Appellate Tribunal, particularly where the property can be shown to be unconnected to any proceeds of crime.
Facing a money laundering allegation?
Get an assessment of your position from someone who understands PMLA procedure closely.
Call +91 82954 13475