Cpc and money laundering

Civil Law ProcedureCivil Law Procedure

EvidenceEvidenceDocumentaryDocumentaryRecord Record

Gathering of evidence (no discovery)Gathering of evidence (no discovery)Role of judgeRole of judgeParty requests to judgeParty requests to judgeOfficial expertsOfficial experts


Discovery (gathering of evidence)Discovery (gathering of evidence)

Compel production Compel production

Creation of record Creation of record


How does a party obtain discovery How does a party obtain discovery in a civilian court?in a civilian court?

Assume you want Assume you want Correspondence you sent the other party? Correspondence you sent the other party? To cross-examine the party? To cross-examine the party? Testimony from a third-party?Testimony from a third-party?


Act of 1908Act of 1908


It shall be incumbent on each party It shall be incumbent on each party to prove in accordance with the law to prove in accordance with the law the constituent facts in view of the the constituent facts in view of the success of his claim. success of his claim.


Where a party is withholding an item of Where a party is withholding an item of evidence, the judge may, on the application evidence, the judge may, on the application of the other party, order him to produce the of the other party, order him to produce the same, where necessary under pain of a civil same, where necessary under pain of a civil penalty. He may, on application by one of penalty. He may, on application by one of the parties, request or order, where the parties, request or order, where necessary under the same penalty, the necessary under the same penalty, the production of all exhibits in the possession production of all exhibits in the possession of third parties where there are no of third parties where there are no legitimate impediment to producing them. legitimate impediment to producing them.


How is information obtained How is information obtained from parties?from parties?


• Personal appearances shall take place in Personal appearances shall take place in the presence of legal representatives of all the presence of legal representatives of all the parties or on them being called.the parties or on them being called.

• The judge shall put, where it seems The judge shall put, where it seems necessary to him, the questions which the necessary to him, the questions which the parties shall submit to him after the parties shall submit to him after the examination.examination.

• A procès-verbal shall be drawn up noting A procès-verbal shall be drawn up noting down the statements of the parties and of down the statements of the parties and of their absence or refusal to answer.their absence or refusal to answer.


• The examined parties shall sign the procès-The examined parties shall sign the procès-verbal after having verified or certified that it verbal after having verified or certified that it conforms to their statements …conforms to their statements …

• [The judge] may order the appearance of [The judge] may order the appearance of corporate entities … in the person of their corporate entities … in the person of their authorised representatives.authorised representatives.

• The judge may draw any conclusion in law The judge may draw any conclusion in law from the statements of the parties, from the from the statements of the parties, from the absence or refusal to answer in relation to a absence or refusal to answer in relation to a party and establish the same as likely factum party and establish the same as likely factum probantia.probantia.


How is information obtained How is information obtained from non-party witnesses?from non-party witnesses?


• The judge shall hear the testimony of the The judge shall hear the testimony of the witnesses … in the order he shall witnesses … in the order he shall determine.determine.

• The witnesses shall be heard in the The witnesses shall be heard in the presence of the parties or the latter being presence of the parties or the latter being called [and their legal representatives].called [and their legal representatives].

• Persons who are heard as witnesses shall Persons who are heard as witnesses shall take the oath to tell the truth. The judge take the oath to tell the truth. The judge shall remind them that perjury shall be shall remind them that perjury shall be punishable by way of a fine or punishable by way of a fine or imprisonment.imprisonment.


• Witnesses may not read from any notes.Witnesses may not read from any notes.• Parties shall neither interrupt, nor question, Parties shall neither interrupt, nor question,

nor attempt to influence the witnesses who is nor attempt to influence the witnesses who is giving testimony, nor address them directly …giving testimony, nor address them directly …

• The testimony shall be recorded in a procès-The testimony shall be recorded in a procès-verbal. Documents … shall be annexed.verbal. Documents … shall be annexed.

• The judge shall grant leave to the witness, at The judge shall grant leave to the witness, at his request, to seek such expenses in relation his request, to seek such expenses in relation to which he is entitled to being paid.to which he is entitled to being paid.


Role of judgeRole of judge• Investigation framed by pleadingsInvestigation framed by pleadings

• Parties present evidenceParties present evidence• Parties make requestsParties make requests

• Judge questions witnesses, on requestJudge questions witnesses, on request• Oral hearings (deadlines)Oral hearings (deadlines)• Written notes/transcriptWritten notes/transcript• Judge appoints “official expert”Judge appoints “official expert”

• ““Stuttgart Model”Stuttgart Model”

Money LaunderingMoney Laundering

StudEase Coaching for CSStudEase Coaching for CS

studease.instudease.in

Process of Money Laundering

Money LaunderingMoney LaunderingDirectly or indirectlyDirectly or indirectlyAttempts or assists knowingly or Attempts or assists knowingly or

party to any activityparty to any activityConnected with proceeds of crimeConnected with proceeds of crimeProjecting it as untainted propertyProjecting it as untainted property

Against the country Against the country

Terrorism, conspiracy, etcTerrorism, conspiracy, etcRelating to DrugsRelating to Drugs

Possessing or dealing with Poppy Possessing or dealing with Poppy straw, opium, cannabisstraw, opium, cannabis

Under the Indian Penal Code Under the Indian Penal Code

Murder, Kidnapping, Extortion, Murder, Kidnapping, Extortion, counterfeit notes and securities, etccounterfeit notes and securities, etc

Impact of Money Laundering on Development

Prevention of Money Laundering – Global

Initiatives

The Vienna Convention Council of Europe Convention European Union Money

Laundering Directive The Financial Action Task Force

(FATF)

History of the FATF

FATF Recommendations

United Nations Global Programme Against Money Laundering

Attachment of property involved in money laundering

Adjudicating Authority

Adjudication

Vesting of Property in Central Government

Obligation of Banking Companies, Financial Institutions and Intermediaries

Summon, Searches and Seizures, etc.

Retention of Property

Retention of records

Presumption in Inter-connected Transactions

Appellate Tribunal

Special Courts

Offences Triable by Special Courts

Offences to be cognizable and Non-bailable

Power of Central Government to Issue Directions

Attachment, Seizure and Confiscation of Property, etc.

(KYC) Norms/ (AML) Measures/ (CFT) Guidelines – Anti Money Laundering Standards

The objective of KYC Norms/ AML Measures/ CFT Guidelines

Obligation of Banks

KYC Policy

For the purpose of KYC policy, a ‘Customer’ is defined as:

Introduction of New Technologies – Credit cards/debit cards/ smart cards/gift cards

Information to be preserved

Maintenance and Preservation of record

Reporting to Financial Intelligence Unit – India

Freezing of Assets under Section 51A of Unlawful Activities (Prevention) Act, 1967

Cpc and money laundering

Education

Transcript of Cpc and money laundering