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      Question

      Under the PMLA, the burden of proving that proceeds of

      crime are untainted property lies on whom?
      A The person charged with the offence of money laundering Correct Answer Incorrect Answer
      B The Adjudicating Authority Correct Answer Incorrect Answer
      C The RBI Correct Answer Incorrect Answer
      D The prosecution Correct Answer Incorrect Answer
      E The court Correct Answer Incorrect Answer

      Solution

      Under Section 24 of the Prevention of Money Laundering Act, in the case of a person charged with the offence of money laundering, the burden of proving that the proceeds of crime are untainted property lies on the accused. This reverse burden of proof is a distinctive feature of the Act, reflecting the difficulty of proving the criminal origin of laundered funds. Once certain foundational facts are established, the accused must demonstrate the legitimate, untainted nature of the property in question.

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