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    • Question

      Section 14 of PMLA provides civil immunity to banking

      companies and financial institutions. Under which circumstance does this immunity apply?
      A When they refuse to provide information to any third party Correct Answer Incorrect Answer
      B When they decline to honour a court summons Correct Answer Incorrect Answer
      C When they destroy client records after seven years Correct Answer Incorrect Answer
      D When they file a suspicious transaction report with RBI Correct Answer Incorrect Answer
      E When they furnish information under clause (b) of Section 12(1) to the Director Correct Answer Incorrect Answer

      Solution

      Section 14 of PMLA provides that, save as otherwise provided in Section 13, banking companies, financial institutions, intermediaries, and their officers shall not be liable to any civil proceedings against them for furnishing information under clause (b) of Section 12(1). Section 12(1)(b) requires furnishing information of prescribed transactions to the Director within the prescribed time. This immunity protects reporting entities from being sued by customers whose suspicious transactions they have reported. This is a critical protection because, without it, banks would face civil liability for breach of confidentiality. This mirrors the tipping-off protection and immunity provisions found in international AML frameworks.

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