Question
A person was acquitted in the underlying scheduled
offence case but the ED wants to continue PMLA prosecution. Which statements are correct regarding the impact of acquittal on PMLA proceedings? Statement 1: Acquittal in the underlying scheduled offence case automatically results in dismissal of PMLA charges. Statement 2: The acquittal is not conclusive for PMLA proceedings; ED can continue if proceeds of crime can be proven independently. Statement 3: The standard of proof in PMLA proceedings is beyond reasonable doubt similar to criminal cases. Statement 4: A conviction in PMLA is possible even if the underlying scheduled offence case results in acquittal. Which statements are correct?Solution
Acquittal in underlying case does not automatically affect PMLA—Statement 2 is correct. Proceeds can be proven independently—Statement 2 is correct. PMLA uses beyond reasonable doubt standard—Statement 3 is correct. PMLA conviction is possible despite underlying acquittal—Statement 4 is correct. Statement 1 is incorrect. Statements 2, 3, and 4 are correct.
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