Adjudication
Section 8 of the Prevention of Money-Laundering Act, 2002 deals with adjudication. On receipt of a complaint under sub-section (5) of section 5, or applications made under sub-section (4) of section 17 or under sub-section (10) of section 18, if the Adjudicating Authority has reason to believe that any person has committed an [offence under section 3 or is in possession of proceed The Act came into force on 01 Jul 2005.
(1) On receipt of a complaint under sub-section (5) of section 5, or applications made under sub-section (4) of section 17 or under sub-section (10) of section 18, if the Adjudicating Authority has reason to believe that any person has committed an 1[offence under section 3 or is in possession of proceeds of crime], it may serve a notice of not less than thirty days on such person calling upon him to indicate the sources of his income, earning or assets, out of which or by means of which he has acquired the property attached under sub-section (1) of section 5, or, seized 2[or frozen] under section 17 or section 18, the evidence on which he relies and other relevant information and particulars, and to show cause why all or any of such properties should not be declared to be the properties involved in money-laundering and confiscated by the Central Government:
Provided that where a notice under this sub-section specifies any property as being held by a person on behalf of any other person, a copy of such notice shall also be served upon such other person:
Provided further that where such property is held jointly by more than one person, such notice shall be served to all persons holding such property.
(2) The Adjudicating Authority shall, after--
(a) considering the reply, if any, to the notice issued under sub-section (1);
(b) hearing the aggrieved person and the Director or any other officer authorised by him in this behalf; and
(c) taking into account all relevant materials placed on record before him,
by an order, record a finding whether all or any of the properties referred to in the notice issued under sub-section (1) are involved in money-laundering:
Provided that if the property is claimed by a person, other than a person to whom the notice had been issued, such person shall also be given an opportunity of being heard to prove that the property is not involved in money-laundering.
(3) Where the Adjudicating Authority decides under sub-section (2) that any property is involved in money-laundering, he shall, by an order in writing, confirm the attachment of the property made under sub-section (1) of section 5 or retention of property or 3[record seized or frozen under section 17 or section 18 and record a finding to that effect, whereupon such attachment or retention or freezing of the seized or frozen property] or record shall--
(a) continue during 4[investigation for a period not exceeding 5[three hundred and sixty-five days] or] the pendency of the proceedings relating to any 6[offence under this Act before a court or under the corresponding law of any other country, before the competent court of criminal jurisdiction outside India, as the case may be; and]
7[(b) become final after an order of confiscation is passed under sub-section (5) or sub-section (7) of section 8 or section 58B or sub-section (2A) of section 60 by the 8[Special Court];]
9Explanation.--For the purposes of computing the period of three hundred and sixty-five days under clause (a), the period during which the investigation is stayed by any court under any law for the time being in force shall be excluded.]
(4) Where the provisional order of attachment made under sub-section (1) of section 5 has been confirmed under sub-section (3), the Director or any other officer authorised by him in this behalf shall forthwith take the 10[possession of the property attached under section 5 or frozen under sub-section (1A) of section 17, in such manner as may be prescribed:
Provided that if it is not practicable to take possession of a property frozen under sub-section (1A) of section 17, the order of confiscation shall have the same effect as if the property had been taken possession of.]
11[(5) Where on conclusion of a trial of an offence under this Act, the Special Court finds that the offence of money-laundering has been committed, it shall order that such property involved in the moneylaundering or which has been used for commission of the offence of money-laundering shall stand confiscated to the Central Government.
(6) Where on conclusion of a trial under this Act, the Special Court finds that the offence of moneylaundering has not taken place or the property is not involved in money-laundering, it shall order release of such property to the person entitled to receive it.
(7) Where the trial under this Act cannot be conducted by reason of the death of the accused or the accused being declared a proclaimed offender or for any other reason or having commenced but could not be concluded, the Special Court shall, on an application moved by the Director or a person claiming to be entitled to possession of a property in respect of which an order has been passed under sub-section (3) of section 8, pass appropriate orders regarding confiscation or release of the property, as the case may be, involved in the offence of money-laundering after having regard to the material before it.]
12[(8) Where a property stands confiscated to the Central Government under sub-section (5), the Special Court, in such manner as may be prescribed, may also direct the Central Government to restore such confiscated property or part thereof of a claimant with a legitimate interest in the property, who may have suffered a quantifiable loss as a result of the offence of money laundering:
Provided that the Special Court shall not consider such claim unless it is satisfied that the claimant has acted in good faith and has suffered the loss despite having taken all reasonable precautions and is not involved in the offence of money laundering:]
4[Provided further that the Special Court may, if it thinks fit, consider the claim of the claimant for the purposes of restoration of such properties during the trial of the case in such manner as may be prescribed.]
Section 8, The Prevention of Money-Laundering Act, 2002 (Act 15 of 2003).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
- s. 3 Offence of money-laundering
- s. 5 Attachment of property involved in money-laundering
- s. 17 Search and seizure
- s. 18 Search of persons
- s. 58B Letter of request of a contracting State or authority for confiscation or release the property
- s. 60 Attachment, seizure and confiscation, etc., of property in a contracting State or India
Referred to by 11
- Finance Act, 2019 (No. 1) s. 22 Amendment of section 8 of Act 15 of 2003
- s. 5 Attachment of property involved in money-laundering
- s. 9 Vesting of property in Central Government
- s. 10 Management of properties confiscated under this Chapter
- s. 17 Search and seizure
- s. 20 Retention of property
- s. 21 Retention of records
- s. 23 Presumption in inter-connected transactions
- s. 60 Attachment, seizure and confiscation, etc., of property in a contracting State or India
- s. 72 Continuation of proceedings in the event of death or insolvency
- s. 73 Power to make rules
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Ram Kishor Arora vs Directorate of Enforcement
Court's Decision & Legal Precedent
Where an authorized officer under Section 19(1) of the Prevention of Money Laundering Act, 2002, arrests a person and informs him orally about the grounds of arrest at the time of arrest, and subsequently furnishes a written communication about the grounds of arrest within twenty-four hours (as soon as may be), such action constitutes sufficient compliance with both Section 19(1) of PMLA and Article 22(1) of the Constitution of India. The requirement to furnish a written copy of grounds of arrest as a matter of course and without exception, as mandated in Pankaj Bansal judgment, applies prospectively from the date of that judgment (henceforth) and not retrospectively to arrests made before that date. A three-judge bench decision on a point of law is binding on a two-judge bench, and any two-judge bench decision that deviates from a three-judge bench decision on the same point falls in the category of per incuriam.
On this section: Provisional attachment of property and confirmation proceedings before Adjudicating Authority
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Assistant Director, Enforcement Directorate v. Pradeep Kumar Satapathy
Court's Decision & Legal Precedent
PMLA is not a purely civil statute: s.3 defines the offence and s.4 provides punishment for money-laundering; summons/investigation under s.50 can feed a criminal complaint, so a Single Judge direction treating PMLA proceedings as civil and barring use of statements in PC Act trials is set aside (with a limited carve-out for pre-existing PC Act cases).
On this section: s.8 adjudication/attachment is contrasted with investigative summons to clarify when PMLA materials may enter criminal process.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Desai, CJ To what extent the High Court would be justified in entertaining a writ petition under Article 226 of the Constitution of India when "adjudication" of the provisional attachment of properties is in progress, as provided under Section 8 of the Prevention of Money-Laundering Act, 2002 ('the PMLA Act', for short), and the decision of such adjudicating authority would be subject to appeal under the Act itself, is the question to be decided in this intra court appeal filed under Section 5 of the Kerala High Court Act, 1958. 2. The brief facts …
Made under this section, and citing it
3 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
Another 10 instruments name this provision in its title or its text without being made under it.
- The Prevention of Money-laundering (Maintenance of Records) Rules, 2023.Rule 2023
- Adjudicating Authority (Procedure) Regulation dated 18-3-2013Regulation 2013
- The Prevention of Money-laundering (Taking Possession of Attached or Frozen Properties Confirmed by the Adjudicating Authority) Rules, 2013Rule 2013
- Notification appoint the Director, Financial Intelligence UnitNotification 2005
- The Prevention of Money-laundering (Appeal) Rules, 2005Rule 2005
- The Prevention of Money-laundering (Maintenance of Records) Rules, 2005Rule 2005
- The Prevention of Money-laundering (Manner of Receiving the Records Authenticated Outside India) Rules, 2005Rule 2005
- The Prevention of Money-laundering (The Forms and the Manner of Forwarding a Copy of Order of Arrest of a Person Along with the Material to the Adjudicating Authority and its Period of Retention) Rules, 2005Rule 2005
- The Prevention of Money-laundering(Receipt and Management of Confiscated Properties) Rules, 2005Rule 2005
- The Prevention of Money-laundering(The Manner of Forwarding a Copy of the Order of Retention of Seized Property along with the Material to the Adjudicating Authority and the Period of its Retention) Rules, 2005Rule 2005
Questions about Section 8
What have the courts held on Section 8 of the Prevention of Money-Laundering Act?
Ram Kishor Arora vs Directorate of Enforcement (15 Dec 2023) is the leading judgment on this section among those set out below: Provisional attachment of property and confirmation proceedings before Adjudicating Authority. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2021 to 2023.
How do I find court cases under Section 8 of the Prevention of Money-Laundering Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Pmla 8, section 8 Pmla, section 8 of the Prevention of Money-Laundering Act. People searching for it also type pmla 8(8) and pmla 8 7. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Ram Kishor Arora vs Directorate of Enforcement (15 Dec 2023).
What should I read with Section 8 of the Prevention of Money-Laundering Act, and has it changed?
Its own text turns on section 3 (Offence of money-laundering), section 5 (Attachment of property involved in money-laundering), section 17 (Search and seizure), section 18 (Search of persons), and on 2 further provisions, so none of them can safely be read on its own. 11 other provisions in this corpus refer back to it. The rules and notifications made under it are where it actually bites, and there are 3: most recently The Prevention of Money-laundering (Restoration of Confiscated Property) Amendment Rules, 2019 (2019), then The Prevention of Money-laundering (Restoration of confiscated property) Rules, 2016 (2016), and 1 more.
When did Section 8 of the Prevention of Money-Laundering Act come into force?
Section 8 of the Prevention of Money-Laundering Act, cited as Pmla 8, came into force on 01 Jul 2005, having been enacted on 17 Jan 2003. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions1773 words
- 6. Adjudicating Authorities, composition, powers, etc781 words
- 73. Power to make rules704 words
- 17. Search and seizure570 words
- 5. Attachment of property involved in money-laundering570 words
- 60. Attachment, seizure and confiscation, etc., of property in a contracting State or India546 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.