43. Special Courts.—

(1) The Central Government, in consultation with the Chief Justice of the High  Court, shall, for trial of offence punishable under section 4, by notification, designate one or more Courts  of Session as Special Court or Special Courts or such area or areas or for such case or class or group of  cases as may be specified in the notification. 

Explanation.—

In this sub-section, “High Court” means the High Court of the State in which a  Sessions Court designated as Special Court was functioning immediately before such designation. 

(2) While trying an offence under this Act, a Special Court shall also try an offence, other than an  offence referred to in sub-section (1), with which the accused may, under the Code of Criminal  Procedure, 1973 (2 of 1974), be charged at the same trial. 

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[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] 

5[(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. 

(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.] 

4[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. 

1. Subs. by Act 2 of 2013, s. 21, for clause (a) (w.e.f. 15-2-2013).

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, s. 6 (w.e.f. 1-7-2005).

3. Subs. by Act 2 of 2013, s. 21, for “cognizance of the offence for which the accused is committed to it for trial” (w.e.f. 15-2-2013).

4. Ins. by Act 23 of 2019, s. 199 (w.e.f. 1-8-2019). 5. Ins. by Act 2 of 2013, s. 21 (w.e.f. 15-2-2013).

45. Offences to be cognizable and non-bailable.—

(1) 1[Notwithstanding anything contained in the  Code of Criminal Procedure, 1973 (2 of 1974), no person accused of an offence 2[under this Act] shall be  released on bail or on his own bond unless—] 

(i) the Public Prosecutor has been given a opportunity to oppose the application for such  release; and 

(ii) where the Public Prosecutor opposes the application, the court is satisfied that there are  reasonable grounds for believing that he is not guilty of such offence and that he is not likely to  commit any offence while on bail: 

Provided that a person, who, is under the age of sixteen years, or is a woman or is sick or infirm, 3[or  is accused either on his own or along with other co-accused of money-laundering a sum of less than one  crore rupees] may be released on bail, if the Special Court so directs: 

Provided further that the Special Court shall not take cognizance of any offence punishable under  section 4 except upon a complaint in writing made by— 

(i) the Director; or 

(ii) any officer of the Central Government or a State Government authorised in writing in this  behalf by the Central Government by a general or special order made in this behalf by that  Government. 

4[(1A) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), or  any other provision of this Act, no police officer shall investigate into an offence under this Act unless  specifically authorised, by the Central Government by a general or special order, and, subject to such  conditions as may be prescribed.] 

(2) The limitation on granting of bail specified in 5*** sub-section (1) is in addition to the limitations  under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force on  granting of bail. 

6[Explanation.—

For the removal of doubts, it is clarified that the expression "Offences to be  cognizable and non-bailable" shall mean and shall be deemed to have always meant that all offences  under this Act shall be cognizable offences and non-bailable offences notwithstanding anything to the  contrary contained in the Code of Criminal Procedure, 1973 (2 of 1974), and accordingly the officers  authorised under this Act are empowered to arrest an accused without warrant, subject to the fulfillment  of conditions under section 19 and subject to the conditions enshrined under this section.

1. Subs. by Act 20 of 2005, s. 7, for certain words, figures, brackets and letters (w.e.f. 1-7-2005).

2. Subs. by Act 13 of 2018, s. 208, for “punishable for a term of imprisonment of more than three years under Part A of the Schedule” (w.e.f. 19-4-2018).

3. Ins. by s. 208, ibid., (w.e.f. 19-4-2018).

4. Ins. by Act 20 of 2005, s. 7 (w.e.f. 1-7-2005).

5. The words, brackets and letter “clause (b) of” omitted by s. 7, ibid. (w.e.f. 1-7-2005).

6. The Explanation ins. by Act 23 of 2019, s. 200 (w.e.f. 1-8-2019). 

46. Application of Code of Criminal Procedure, 1973 to proceedings before Special Court.—

(1)  Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973 (2 of  1974) (including the provisions as to bails or bonds), shall apply to the proceedings before a Special  Court and for the purposes of the said provisions, the Special Court shall be deemed to be a Court of  Session and the persons conducting the prosecution before the Special Court, shall be deemed to be a  Public Prosecutor: 

Provided that the Central Government may also appoint for any case or class or group of cases a  Special Public Prosecutor. 

(2) A person shall not be qualified to be appointed as a Public Prosecutor or a Special Public  Prosecutor under this section unless he has been in practice as an advocate for not less than seven years,  under the Union or a State, requiring special knowledge of law. 

(3) Every person appointed as a Public Prosecutor or a Special Public Prosecutor under this section  shall be deemed to be a Public Prosecutor within the meaning of clause (u) of section 2 of the Code of  Criminal Procedure, 1973 (2 of 1974) and the provisions of that Code shall have effect accordingly. 

47. Appeal and revision.—

The High Court may exercise, so far as may be applicable, all the powers  conferred by Chapter XXIX or Chapter XXX of the Code of Criminal Procedure, 1973 (2 of 1974), on a  High Court, as if a Special Court within the local limits of the jurisdiction of the High Court were a Court  of Session trying cases within the local limits of the jurisdiction of the High Court.