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Interplay Between Acquittal In Predicate Offences And PMLA Prosecutions: Post-Vijay Madanlal Chaudhary Analysis




Diksha, B.A. LL.B. (Hons), Vivekananda Institute of Professional Studies – Technical Campus, GGSIPU


ABSTRACT


The Prevention of Money Laundering Act, 2002 gives a complicated connection between underlying crimes and prosecutions for money laundering. Subsequently to the Supreme Court's decision in Vijay Madanlal Choudhary, which determined that an individual who has been finally absolved either by discharge, acquittal, or quashing cannot be subjected to PMLA actions, High Courts have produced varying interpretations on whether this principle is absolute or allows for exceptions.


This paper examines whether the post-Vijay Madanlal jurisprudence has successfully resolved the relationship between predicate offence termination and PMLA prosecution continuance, or whether judicial divergence has created an untenable legal position requiring legislative or Supreme Court intervention, through a comparative analysis of recent High Court decisions from 2024-2025. The analysis results are that the Delhi HC and Punjab & Haryana HC strongly support the automatic collapse principle, but the Madras HC has introduced controversial "technical grounds" exceptions which creates judicial divergence and uncertainty.


Keywords: Vijay Madanlal Choudhary, money laundering, PMLA, scheduled offence, acquittal, automatic collapse, predicate offence, final absolution.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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