CONSTITUTIONAL AND PROCEDURAL CHALLENGES IN MONEY LAUNDERING PROSECUTIONS UNDER PAKISTAN'S ANTI-MONEY LAUNDERING ACT 2010: A CRITICAL ANALYSIS OF NON-COGNIZABLE OFFENCE CLASSIFICATION

Abstract

Money laundering poses significant threats to global financial systems, with developing economies particularly vulnerable to its destabilizing effects. Pakistan faces mounting international pressure to strengthen its anti-money laundering framework, evidenced by repeated Financial Action Task Force grey-listing due to strategic prosecution deficiencies. Despite substantial legislative reforms including the Anti-Money Laundering Act 2010 and subsequent amendments, Pakistan continues struggling with ineffective prosecutions. This study examines constitutional and procedural challenges impeding effective money laundering prosecutions, focusing on non-cognizable offence classification. The research employs qualitative doctrinal legal analysis combined with critical institutional framework examination, utilizing primary sources including statutory provisions and judicial decisions, supplemented by international reports and academic literature. Analysis reveals that money laundering's non-cognizable classification creates substantial procedural delays, while institutional fragmentation among investigating agencies generates coordination failures and enforcement gaps. Findings demonstrate that legislative amendments alone cannot address systematic deficiencies without corresponding institutional reforms and international cooperation enhancement. The study concludes that comprehensive reform encompassing legal framework revision, institutional restructuring, and capacity building is essential for effective anti-money laundering enforcement aligned with international standards.

Keywords: Money Laundering; Non-Cognizable Offence; Anti-Money Laundering Act 2010; FATF Compliance