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VOL. 11, ISSUE 12 (2025)
Beyond Vijay Madanlal Choudhary: The evolution of "Proceeds of Crime" in 2025 jurisprudence
Authors
Mohd Mustafa
Abstract
This article examines the jurisprudential evolution of the Prevention
of Money Laundering Act, 2002, following the Supreme Court’s watershed ruling
in Vijay Madanlal Choudhary, through the lens of 2025 judicial developments. It
analyses the doctrinal dependency of money laundering proceedings on the
existence of a scheduled offence. The study explores the expansion of
"proceeds of crime" under Section 2(1)(u), specifically the judicial
treatment of "equivalent value" as a primary enforcement tool when
actual proceeds are concealed. Furthermore, it dissects the interpretative
shift in Section 3, where "mere possession" constitutes an offence,
subject to the "foundational facts" threshold required to trigger the
reverse burden of proof under Section 24. A significant focus is placed on the
collision between state attachment powers and third-party rights, highlighting
the "bona fide purchaser" doctrine and the "clean slate"
principle under the Insolvency and Bankruptcy Code. Synthesizing these trends,
the article posits that 2025 jurisprudence marks a paradigm shift toward
"Economic Restorative Justice," prioritizing asset restitution to
victims over state-centric confiscation while balancing enforcement powers with
constitutional due process.
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Pages:190-196
How to cite this article:
Mohd Mustafa "Beyond Vijay Madanlal Choudhary: The evolution of "Proceeds of Crime" in 2025 jurisprudence". International Journal of Law, Vol 11, Issue 12, 2025, Pages 190-196
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