Prevention of Money Laundering Act, 2002
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty: Provided that no order shall be made under this section after the expiry of two years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. THE SCHEDULE [See section 2(y)] [PART A PARAGRAPH 1 OFFENCES UNDER THE INDIAN PENAL CODE (45 OF 1860) Section Description of offence 120B Criminal conspiracy. Waging or attempting to wage war or abetting waging of war, against the Government of India. 121A 364A 384 to 389 392 to 402 Conspiracy to commit offences punishable by section 121 against the State. Counterfeiting Government stamp. Making or selling instrument for counterfeiting Government stamp. Sale of counterfeit Government stamp. Having possession of counterfeit Government stamp. Using as genuine a Government stamp known to be counterfeit. Murder. Punishment for culpable homicide not amounting to murder. Attempt to murder. Attempt to commit culpable homicide. Voluntarily causing hurt to extort property, or to constrain to an illegal act. Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act. Kidnapping for ransom, etc. Offences relating to extortion. Offences relating to robbery and dacoity. Dishonestly receiving stolen property. Dishonestly receiving property stolen in the commission of a dacoity. Habitually dealing in stolen property. Assisting in concealment of stolen property. Punishment for cheating. Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect. Punishment for cheating by personation. Cheating and dishonestly inducing delivery of property. Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors. Section Description of offence 422 Dishonestly or fraudulently preventing debt being available for creditors. 423 Dishonest or fraudulent execution of deed of transfer containing false statement of consideration. 424 Dishonest or fraudulent removal or concealment of property. 467 Forgery of valuable security, will, etc. 471 Using as genuine a forged document or electronic record. 472 and 473 Making or possessing counterfeit seal, etc., with intent to commit forgery. 475 and 476 Counterfeiting device or mark. 481 Using a false property mark. 482 Punishment for using a false property mark. 483 Counterfeiting a property mark used by another. 484 Counterfeiting a mark used by a public servant. 485 Making or possession of any instrument for counterfeiting a property mark. 486 Selling goods marked with a counterfeit property mark. 487 Making a false mark upon any receptacle containing goods. 488 Punishment for making use of any such false mark. 489A Counterfeiting currency notes or bank notes. 489B Using as genuine, forged or counterfeit currency notes or bank notes. PARAGRAPH 2 OFFENCES UNDER THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 (61 OF 1985) Section Description of offence Contravention in relation to poppy straw. Contravention in relation to coca plant and coca leaves. Contravention in relation to prepared opium. Contravention in relation to opium poppy and opium. Embezzlement of opium by cultivator. Contravention in relation to cannabis plant and cannabis. Contravention in relation to manufactured drugs and preparations. 22 Contravention in relation to psychotropic substances. 23 Illegal import into India, export from India or transhipment of narcotic drugs and psychotropic substances. Section Description of offence 24 External dealings in narcotic drugs and psychotropic substances in contravention of section 12 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 25A Contravention of orders made under section 9A of the Narcotic Drugs and Psychotropic Substances Act, 1985. 27A Financing illicit traffic and harbouring offenders. 29 Abetment and criminal conspiracy. PARAGRAPH 3 OFFENCES UNDER THE EXPLOSIVE SUBSTANCES ACT,1908 (6 OF 1908) Section Description of offence 3 Causing explosion likely to endanger life or property. 4 Attempt to cause explosion, or for making or keeping explosives with intent to endanger life or property. Making or possessing explosives under suspicious circumstances. PARAGRAPH 4 OFFENCES UNDER THE UNLAWFUL ACTIVITIES (PREVENTION) ACT, 1967 (37 OF 1967) Section Description of offence 10 read with section 3 Penalty for being member of an unlawful association, etc. 11 read with section 3 Penalty for dealing with funds of an unlawful association. 13 read with section 3 Punishment for unlawful activities. 16 read with section 15 Punishment for terrorist act. 16A Punishment for making demands of radioactive substances, nuclear devices, etc. 17 Punishment for raising funds for terrorist act. 18 Punishment for conspiracy, etc. 18A Punishment for organising of terrorist camps. 18B Punishment for recruiting of any person or persons for terrorist act. 19 Punishment for harbouring, etc. 20 Punishment for being member of terrorist gang or organisation. 21 Punishment for holding proceeds of terrorism. 38 Offence relating to membership of a terrorist organisation. Offence relating to support given to a terrorist organisation. 40 Offence of raising fund for a terrorist organisation. PARAGRAPH 5 OFFENCES UNDER THE ARMS ACT, 1959 (54 OF 1959) Section Description of offence 25 To manufacture, sell, transfer, convert, repair or test or prove or expose or offer for sale or transfer or have in his possession for sale, transfer, conversion, repair, test or proof, any arms or ammunition in contravention of section 5 of the Arms Act, 1959. To acquire, have in possession or carry any prohibited arms or prohibited ammunition in contravention of section 7 of the Arms Act, 1959. Contravention of section 24A of the Arms Act, 1959 relating to prohibition as to possession of notified arms in disturbed areas, etc. Contravention of section 24B of the Arms Act, 1959 relating to prohibition as to carrying of notified arms in or through public places in disturbed areas. Other offences specified in section 25. 26 To do any act in contravention of any provisions of section 3, 4, 10 or section 12 of the Arms Act, 1959 in such manner as specified in sub-section (1) of section 26 of the said Act. To do any act in contravention of any provisions of section 5, 6, 7 or section 11 of the Arms Act, 1959 in such manner as specified in sub-section (2) of section 26 of the said Act. Other offences specified in section 26. 27 Use of arms or ammunitions in contravention of section 5 or use of any arms or ammunition in contravention of section 7 of the Arms Act, 1959. 28 Use and possession of fire arms or imitation fire arms in certain cases. 29 Knowingly purchasing arms from unlicensed person or for delivering arms, etc., to person not entitled to possess the same. 30 Contravention of any condition of a licence or any provisions of the Arms Act, 1959 or any rule made thereunder. PARAGRAPH 6 OFFENCES UNDER THE WILD LIFE (PROTECTION) ACT, 1972 (53 OF 1972) Section Description of offence 51 read with section 9 Hunting of wild animals. 51 read with section 17A Contravention of provisions of section 17A relating to prohibition of picking, uprooting, etc., of specified plants. 51 read with section 39 Contravention of provisions of section 39 relating to wild animals, etc., to be Government property. 51 read with section 44 Contravention of provisions of section 44 relating to dealings in trophy and animal articles without licence prohibited. 51 read with section 48 Contravention of provisions of section 48 relating to purchase of animal, etc., by licensee. 51 read with section 49B Contravention of provisions of section 49B relating to prohibition of dealings in trophies, animals articles, etc., derived from scheduled animals. PARAGRAPH 7 OFFENCES UNDER THE IMMORAL TRAFFIC (PREVENTION) ACT, 1956 (104 OF 1956) Section Description of offence 5 Procuring, inducing or taking person for the sake of prostitution. 6 Detaining a person in premises where prostitution is carried on. 8 Seducing or soliciting for purpose of prostitution. Seduction of a person in custody. [PARAGRAPH 8 OFFENCES UNDER THE PREVENTION OF CORRUPTION ACT, 1988 (49 OF 1988) Section Description of offence 7. Offence relating to public servant being bribed. 7A. Taking undue advantage to influence public servant by corrupt or illegal means or by exercise of personal influence. 8. Offence relating to bribing a public servant. 9. Offence relating to bribing a public servant by a commercial organisation. 10. Person in charge of commercial organisation to be guilty of offence. 11. Public servant obtaining undue advantage, without consideration from person concerned in proceeding or business transacted by such public servant. 12. Punishment for abetment of offences. 13. Criminal misconduct by a public servant. 14 Punishment for habitual offender.] PARAGRAPH 9 OFFENCES UNDER THE EXPLOSIVES ACT, 1884 (4 OF 1884) Section Description of offence 9B Punishment for certain offences. 9C Offences by companies. PARAGRAPH 10 OFFENCES UNDER THE ANTIQUITIES AND ARTS TREASURES ACT, 1972 (52 OF 1972) Section Description of offence 25 read with section 3 Contravention of export trade in antiquities and art treasures. 28 Offences by companies. PARAGRAPH 11 OFFENCES UNDER THE SECURITIES AND EXCHANGE BOARD OF INDIA ACT, 1992 (15 OF 1992) Section Description of offence 12A read with section 24 Prohibition of manipulative and deceptive devices, insider trading and substantial. Acquisition of securities or control. PARAGRAPH 12 OFFENCES UNDER THE CUSTOMS ACT, 1962 (52 OF 1962) Section Description of offence Evasion of duty or prohibitions. PARAGRAPH 13 OFFENCES UNDER THE BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976 (19 OF 1976) Section Description of offence 16 Punishment for enforcement of bonded labour. 18 Punishment for extracting bonded labour under the bonded labour system. Abetment to be an offence. PARAGRAPH 14 OFFENCES UNDER THE CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986 (61 OF 1986) Section Description of offence 14 Punishment for employment of any child to work in contravention of the provisions of section 3 PARAGRAPH 15 OFFENCES UNDER THE TRANSPLANTATION OF HUMAN ORGANS ACT, 1994 (42 OF 1994) Section Description of offence 18 Punishment for removal of human organ without authority. 19 Punishment for commercial dealings in human organs. Punishment for contravention of any other provision of this Act. PARAGRAPH 16 OFFENCES UNDER THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000 (56 OF 2000) Section Description of offence 23 Punishment for cruelty to juvenile or child. 24 Employment of juvenile or child for begging. 25 Penalty for giving intoxicating liquor or narcotic drug or psychotropic substance to juvenile or child. Exploitation of juvenile or child employee. PARAGRAPH 17 OFFENCES UNDER THE EMIGRATION ACT, 1983 (31 OF 1983) Section Description of offence 24 Offences and penalties. PARAGRAPH 18 OFFENCES UNDER THE PASSPORTS ACT, 1967 (15 OF 1967) Section Description of offence 12 Offences and penalties. PARAGRAPH 19 OFFENCES UNDER THE FOREIGNERS ACT, 1946 (31 OF 1946) Section Description of offence 14 Penalty for contravention of provisions of the Act, etc. 14B Penalty for using forged passport. 14C Penalty for abetment. PARAGRAPH 20 OFFENCES UNDER THE COPYRIGHT ACT, 1957 (14 OF 1957) Section Description of offence 63 Offence of infringement of copyright or other rights conferred by this Act. 63A Enhanced penalty on second and subsequent convictions. 63B Knowing use of infringing copy of computer programme. 68A Penalty for contravention of section 52A. [PARAGRAPH 21 OFFENCES UNDER THE TRADE MARKS ACT, 1999 (47 OF 1999) Section Description of offence 103 Penalty for applying false trademarks, trade descriptions, etc. 104 Penalty for selling goods or providing services to which false trademark or false trade description is applied. Enhanced penalty on second or subsequent conviction. Punishment of abetment in India of acts done out of India.] [PARAGRAPH 22 OFFENCES UNDER THE INFORMATION TECHNOLOGY ACT, 2000 (21 OF 2000) Section Description of offence Act to apply for offence or contravention committed outside India.] PARAGRAPH 23 OFFENCES UNDER THE BIOLOGICAL DIVERSITY ACT, 2002 (18 OF 2003) Section Description of offence 55 read with section 6 Penalties for contravention of section 6, etc. PARAGRAPH 24 OFFENCES UNDER THE PROTECTION OF PLANT VARIETIES AND FARMERS RIGHTS ACT, 2001 (53 OF 2001) Section Description of offence 70 read with section 68 Penalty for applying false denomination, etc. 71 read with section 68 Penalty for selling varieties to which false denomination is applied. 72 read with section 68 Penalty for falsely representing a variety as registered. 73 read with section 68 Penalty for subsequent offence. PARAGRAPH 26 OFFENCES UNDER THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974 (6 OF 1974) Section Description of offence 41 (2) Penalty for pollution of stream or well. 43 Penalty for contravention of provisions of section 24. PARAGRAPH 28 OFFENCES UNDER THE SUPPRESSION OF UNLAWFUL, ACTS AGAINST SAFETY OF MARITIME NAVIGATION AND FIXED PLATFORMS ON CONTINENTAL SHELF ACT, 2002 (69 OF 2002) Section Description of offence 3 Offences against ship, fixed platform, cargo of a ship, maritime navigational facilities, etc.] [PARAGRAPH 29 OFFENCE UNDER THE COMPANIES ACT, 2013 (18 OF 2013) Section Description of offence 447 Punishment for fraud] [PART B OFFENCE UNDER THE CUSTOMS ACT, 1962 (52 OF 1962) Section Description of offence 132 False declaration, false documents, etc.] [