Section 44 - Offences triable by Special Courts. - Prevention of Money-Laundering Act, 2002

Offences triable by Special Courts. 44. ( 1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),- 1 [(a) an offence punishable under section 4 and any scheduled offence connected to the offence under that section shall be triable by the Special Court constituted for the area in which the offence has been committed : Provided that the Special Court, trying a scheduled offence before the commencement of this Act, shall continue to try such scheduled offence; or] (b) a Special Court may, 2 [***] upon a complaint made by an authority authorized in this behalf under this Act take 3 [cognizance of offence under section 3, without the accused being committed to it for trial; or] 5 [ Provided that after conclusion of investigation, if no offence of money-laundering is made out requiring filing of such complaint, the said authority shall submit a closure report before the Special Court; or ] 4 [(c) if the court which has taken cognizance of the scheduled offence is other than the Special Court which has taken cognizance of the complaint of the offence of money-laundering under sub-clause (b), it shall, on an application by the authority authorised to file a complaint under this Act, commit the case relating to the scheduled offence to the Special Court and the Special Court shall, on receipt of such case proceed to deal with it from the stage at which it is committed; or (d) a Special Court while trying the scheduled offence or the offence of money-laundering shall hold trial in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), as it applies to a trial before a Court of Session.] 6 [ Explanation .-For the removal of doubts, it is clarified that,- (i) the jurisdiction of the Special Court while dealing with the offence under this Act, during investigation, enquiry or trial under this Act, shall not be dependent upon any orders passed in respect of the scheduled offence, and the trial of both sets of offences by the same court shall not be construed as joint trial; (ii) the complaint shall be deemed to include any subsequent complaint in respect of further investigation that may be conducted to bring any further evidence, oral or documentary, against any accused person involved in respect of the offence, for which complaint has already been filed, whether named in the original complaint or not. ] (2) Nothing contained in this section shall be deemed to affect the special powers of the High Court regarding bail under section 439 of the Code of Criminal Procedure, 1973 (2 of 1974) and the High Court may exercise such powers including the power under clause (b) of sub-section (1) of that section as if the reference to Magistrate in that section includes also a reference to a Special Court designated under section 43. --------------------- Notes: 1. Substituted Vide Prevention of Money-laundering (Amendment) Act, 2012, w.e.f. 15-2-2013. Before it was read: (a) the scheduled offence and the offence punishable under section 4 shall be triable only by the Special Court constituted for the area in which the offence has been committed: Provided that the Special Court, trying a scheduled offence before the commencement of this Act, shall continue to try such scheduled offence; or 2. Omitted Vide Prevention of Money-laundering (Amendment) Act, 2005, w.e.f. 1-7-2005. Before it was read as: upon perusal of police report of the facts which constitute an offence under this Act or 3. Substituted Vide Prevention of Money-laundering (Amendment) Act, 2012, w.e.f. 15-2-2013. Before it was read as: cognizance of the offence for which the accused is committed to it for trial 4. Inserted Vide Prevention of Money-laundering (Amendment) Act, 2012, w.e.f. 15-2-2013. 5. Inserted vide FINANCE (NO. 2) ACT, 2019 w.e.f. 01-08-2019 6. Inserted vide FINANCE (NO. 2) ACT, 2019 w.e.f. 01-08-2019