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CS Executive · Economic, Commercial and Intellectual Property Laws · Prevention of Money Laundering

An Assistant Director of the Enforcement Directorate (below Deputy Director rank) notes that a company holds proceeds of crime that may be moved abroad. Under Section 5 of the PMLA, 2002, who may order provisional attachment, and for how long at most?

Provisional attachment may be ordered by the Director or an officer not below Deputy Director authorised by the Director, by written order, for a period not exceeding one hundred and eighty days from the date of the order.

  1. AAny officer of the Directorate, for up to 365 days
  2. BThe Director or an officer not below Deputy Director authorised by the Director, for up to 180 daysCorrect
  3. COnly the Adjudicating Authority, for up to 90 days
  4. DThe Special Court, for up to 60 days

Explanation

Section 5(1) empowers the Director, or an officer not below the rank of Deputy Director authorised by the Director, to provisionally attach property by written order for a period not exceeding 180 days. An Assistant Director is below that rank, and the Adjudicating Authority does not make the provisional order.

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