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Insolvency and Bankruptcy Code & Prevention of Money Laundering Act
 
Why in news?
A recent circular by the Insolvency and Bankruptcy Board of India (IBBI) dated November 4, 2025, has allowed resolution professionals under the Insolvency and Bankruptcy Code (IBC) to approach special courts handling Prevention of Money Laundering Act (PMLA) cases to seek the restitution of corporate debtor assets attached by the Enforcement Directorate (ED) under PMLA.
 
Difference between IBC & PMLA
Purpose and Scope:
  • IBC (enacted in 2016) provides a consolidated, time-bound legal framework to resolve insolvency for corporate and individual debtors, aimed at maximizing asset value and enabling efficient debt recovery in financial distress.
  • PMLA (enacted in 2002) is a penal statute aimed at preventing and controlling money laundering, confiscating proceeds of crime, and penalizing offenders who launder illicit money.
Operational Focus:
  • IBC focuses on insolvency resolution or liquidation to revive viable businesses or close unviable ones, protecting creditors' interests and ensuring orderly asset distribution.
  • PMLA focuses on law enforcement actions against criminal proceeds, empowering authorities like the Enforcement Directorate (ED) to seize and attach assets linked to money laundering.
Legal Interaction and Conflict:
  • The IBC imposes a moratorium on legal proceedings against the insolvent entity during resolution, but this moratorium does not automatically apply to PMLA proceedings, which can continue independently.
  • The conflict arises especially when assets of a corporate debtor are attached under PMLA for alleged money laundering while insolvency resolution under IBC is underway.
  • Courts have clarified that PMLA’s objective to strip illicit gains is distinct and cannot be overridden by IBC provisions. Section 32A of IBC provides immunity to resolution applicants only after plan approval and does not hinder PMLA actions before that.
  • The government, acting under PMLA, is not a creditor in insolvency but a law enforcement authority aiming to recover proceeds of crime.

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