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Home > PMLA >44. Offences triable by Special Courts.—
44. Offences triable by Special Courts.—
(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 authorised in this behalf under this Act take 3[cognizance of offence under section 3, without the accused being committed to it for trial].
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.]
4[(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.]
(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.
1. Subs. by Act 2 of 2013, sec. 21(i), for clause (a) (w.e.f. 15-2-2013, vide S.O. 343(E), dated 8-2-
2013). Clause (a) before substitution, stood as under:
“(a) the sucheduled offence and 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. The words “upon perusal of police report of the facts which constitute an offence under this
Act or“ omitted by Act 20 of 2005, sec. 6 (w.e.f. 1-7-2005).
3. Subs. by Act 2 of 2013, sec. 21(ii), for “cognizance of the offence for which the accused is
committed to it for trial” (w.e.f. 15-2-2013, vide S.O. 343(E), dated 8-2-2013).
4. Ins. by Act 2 of 2013, sec. 21(iii) (w.e.f. 15-2-2013, vide S.O. 343(E), dated 8-2-2013).

PMLA >> Section 3 - Offence of Money-Laundering

PMLA >> Section 4 - Punishment for Money Laundering

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