+91 44 28120000

Call Us for an Appointment

[language-switcher]
 

india Tag

SURANA & SURANA > Posts tagged "india"

COMPLIANCE VS CHAOS: RECENT AMENDMENTS IN THE PREVENTION OF MONEY LAUNDERING ACT LEAD TO UNEXPECTED COMPLIANCE WOES

RECENT AMENDMENTS IN THE PREVENTION OF MONEY LAUNDERING ACT

K. Anupriya Consultant - Corporate Compliance The integrity of the global financial system and societal well-being are recently being seriously threatened by the acts of money laundering, financing of terrorism, and the spread of weapons of mass destruction.  The Financial Action Task Force (FATF), founded in 1989, plays a significant role in establishing global standards and implementing practical solutions to stop these illegal acts.  The Prevention of Money Laundering Act (PMLA), which India passed in 2002 in accordance with the FATF's recommendations, is a key piece of legislation that guides the nation's efforts to combat money laundering and other associated financial crimes. ...

Continue reading

The defense of the accused may change after this Supreme Court Judgement

Recently, the Supreme Court of India passed an important judgment that may change how the accused defend themselves in a trial. This revolves around Section 313 of the Criminal Procedure Code, 1983. Normally, many accused individuals stick to standard defenses like "false case" or "I don't know" when they are questioned. But the problem is, these statements are often the only defense recorded by themselves in courts. This is where Section 313(5) of the Criminal Procedure Code comes into play. According to the new Supreme Court ruling (Premchand vs. The State of Maharashtra – 2023 LL (SC) 168 dated 03.03.2023), a detailed written statement by the accused under Section 313(5) must now be recorded and treated as an exhibit. This gives the accused a better chance to put forth their defense effectively. So, here's the takeaway: Even though it's optional, the accused should always provide a detailed statement under Section 313(5) when he or she is questioned by the court. It'll be marked as an exhibit and stay on the court record, even in case of an appeal. This could significantly help shape their defense

Recently, the Supreme Court of India passed an important judgment that may change how the accused defend themselves in a trial. This revolves around Section 313 of the Criminal Procedure Code, 1983. Normally, many accused individuals stick to standard defenses like "false case" or "I don't know" when they are questioned. But the problem is, these statements are often the only defense recorded by themselves in courts. This is where Section 313(5) of the Criminal Procedure Code comes into play. According to the new Supreme Court ruling (Premchand vs. The State of Maharashtra – 2023 LL (SC) 168 dated 03.03.2023), a detailed...

Continue reading