उच्चतम न्यायालय ने पवाना डिब्बुर बनाम प्रवर्तन निदेशालय मामले में निर्णय दिया कि भारतीय दंड संहिता की धारा 120बी के तहत आपराधिक षड्यंत्र [criminal conspiracy] को धन शोधन निवारण अधिनियम [PMLA] के तहत अनुसूचित अपराध [scheduled offence] केवल तभी माना जाएगा जब षड्यंत्र अनुसूची में शामिल अपराध के लिए किया गया हो।
While hearing the Pavana Dibbur vs. The Directorate of Enforcement case on November 29, 2023, the Supreme Court (SC) clarified that the offence of criminal conspiracy, as stated in Section 120B of the Indian Penal Code, will be considered a scheduled offence under the Prevention of Money Laundering Act, but only if the alleged conspiracy is aimed at committing a specific offence mentioned in the schedule of the Act. The Judgment reads, “The offence punishable under Section 120B of the IPC will become a scheduled offence only if the conspiracy alleged is of committing an offence which is specifically included in the Schedule.” The matter was heard by a two-judge bench comprising Justice Pankaj Mithal and Justice Abhay S. Oka.
In this case, the Directorate of Enforcement (ED) filed a money laundering complaint under the Prevention of Money Laundering Act against Pavana Dibbur, accusing her of conspiring with Madhukar Angur. The complaint alleged that she facilitated the use of her bank accounts to siphon university funds. Pavana Dibbur sought quashing of the complaint, but the High Court, relying on precedent, dismissed her petition. The matter was then presented before the Supreme Court and it stated that “Section 120-B of the IPC becomes a scheduled offence only if the conspiracy involves committing an offence already listed in the Schedule.” During the proceedings, the SC rejected an argument made by the ED regarding the involvement of Section 120B in Part A of the PMLA schedule and stated that “By that logic, a conspiracy to commit any offence under any penal law which is capable of generating proceeds can be converted into a scheduled offence by applying Section 120B of the IPC, though the offence is not a part of the Schedule. This cannot be the intention of the legislature.”
After hearing all the contentions, the SC bench stated, “Section 120-B of the IPC becomes a scheduled offence only if the alleged conspiracy involves an offence in the Schedule.” It quashed the impugned order and dismissed the complaint against the appellant.