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      Question

      Under Section 71 of PMLA, the Act has overriding effect

      over:
      A Only the Code of Criminal Procedure, 1973 Correct Answer Incorrect Answer
      B Only other anti-money laundering legislation Correct Answer Incorrect Answer
      C Any other law for the time being in force that is inconsistent with the provisions of PMLA Correct Answer Incorrect Answer
      D Only state laws dealing with property Correct Answer Incorrect Answer
      E Only the Income Tax Act, 1961 Correct Answer Incorrect Answer

      Solution

      Section 71 of PMLA provides a non-obstante clause in sweeping terms: 'The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.' This is an overriding provision that gives PMLA supremacy over all other legislations in case of inconsistency. This is crucial in the banking context because PMLA obligations (such as KYC, record maintenance, reporting of suspicious transactions) override any conflicting provisions in the Banking Regulation Act, RBI Act, or any other statute. The overriding clause also supports the validity of attachment and confiscation under PMLA irrespective of protections available under other property laws.

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