CHAPTERVII
SPECIAL COURTS
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 for 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.-(l) Notwithstanding anything
contained in the Code of Criminal Procedure, 1973 (2 of 1974),-
(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, upon a complaint made by an authority
authorised in this behalf under this Act take cognizance of offence
under section 3, without the accused being committed to it for trial.
(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.
(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.
45. Offences to be cognizable and non-bailable.-(l) Notwithstanding
anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no
person accused of an offence punishable for a term of imprisonment of more
than three years under Part A of the Schedule shall be released on bail or on his
own bond unless-
(i) the Public Prosecutor has been given an 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, 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 State Government
authorised in writing in this behalf by the Central Government by a
general or a special order made in this behalf by that Government.
(lA) 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 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.
46. Application of the Code of Criminal Procedure, 1973 to proceedings
before Special Court.-(l) 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.
CHAPTER VIII
AUTHORITIES
48. Authorities under the Act.-There shall be the following classes of
authorities for the purposes of this Act, namely:-
(a) Director or Additional Director or Joint Director,
(b) Deputy Director,
(c) Assistant Director, and
(d) such other class of officers as may be appointed for the purposes of
this Act.
49. Appointment and powers of authorities and other officers.-(l) The
Central Government may appoint such persons as it thinks fit to be authorities
for the purposes of this Act.
(2) Without prejudice to the provisions of sub-section (1), the Central
Government may authorise the Director or an Additional Director or a Joint
Director or a Deputy Director or an Assistant Director appointed under that sub-
section to appoint other authorities below the rank of an Assistant Director.
(3) Subject to such conditions and limitations as the Central Government
may impose, an authority may exercise the powers and discharge the duties
conferred or imposed on it under this Act.
50. Powers of authorities regarding summons, production of documents
and to give evidence, etc.-(l) The Director shall, for the purposes of section 13,
have the same powers as are vested in a civil court under the Code of Civil
Procedure, 1908 (5 of 1908) while trying a suit in respect of the following matters,
namely:-
(a) discovery and inspection;
(b) enforcing the attendance of any person, including any officer
of a reporting entity and examining him on oath;
(c) compelling the production of records;
(d) receiving evidence on affidavits;
(e) issuing commissions for examination of witnesses and
documents; and
(f) any other matter which may be prescribed.
(2) The Director, Additional Director, Joint Director, Deputy Director or
Assistant Director shall have power to summon any person whose attendance he
considers necessary whether to give evidence or to produce any records during
the course of any investigation or proceeding under this Act.
(3) All the persons so summoned shall be bound to attend in person or
through authorised agents, as such officer may direct, and shall be bound to state
the truth upon any subject respecting which they are examined or make
statements, and produce such documents as may be required.
(4) Every proceeding under sub-sections (2) and (3) shall be deemed to be a
judicial proceeding within the meaning of section 193 and section 228 of the
Indian Penal Code, 1860 (45 of 1860).
(5) Subject to any rules made in this behalf by the Central Government, any
officer referred to in sub-section (2) may impound and retain in his custody for
such period, as he thinks fit, any records produced before him in any
proceedings under this Act:
Provided that an Assistant Director or a Deputy Director shall not-
(a) impound any records without recording his reasons for so doing; or
(b) retain in his custody any such records for a period exceeding three
months, without obtaining the previous approval of the Director.
51. Jurisdiction of authorities.-(1) The authorities shall exercise all or any
of the powers and perform all or any of the functions conferred on, or, assigned, as
the case may be, to such authorities by or under this Act or the rules framed
thereunder in accordance with such directions as the Central Government may
issue for the exercise of powers and performance of the functions by all or any of
the authorities.
(2) In issuing the directions or orders referred to in sub-section (1), the
Central Government may have regard to anyone or more of the following
criteria, namely:-
(a) territorial area;
(b) classes of persons;
(c) classes of cases; and
(d) any other criterion specified by the Central Government in this
behalf.
52. Power of Central Government to issue directions, etc.-The Central
Government may, from time to time, issue such orders, instructions and
directions to the authorities as it may deem fit for the proper administration of
this Act and such authorities and all other persons employed in execution of thisAct shall observe and follow such orders, instructions and directions of the
Central Government:
Provided that no such orders, instructions or directions shall be issued so as
to-
(a) require any authority to decide a particular case in a particular
manner; or
(b)interfere with the discretion of the Adjudicating Authority in exercise
of his functions.
53. Empowerment of certain officers.- The Central Government may, by
a special or general order, empower an officer not below the rank of Director of
the Central Government or of a State Government to act as an authority under this
Act:
Provided that the Central Government may empower an officer below the
rank of Director if the officer of the rank of the Director or above are not
available in a particular area.
54. Certain officers to assist in inquiry, etc.-The following officers and
others are hereby empowered and required to assist the authorities in the
enforcement of this Act, namely:-
(a) officers of the Customs and Central Excise Departments;
(b)officers appointed under sub-section (1) of section 5 of the Narcotic
Drugs and Psychotropic Substances Act, 1985 (61 of 1985);
(c) income-tax authorities under sub-section (1) of section 117 of the
Income-tax Act, 1961 (43 of 1961);
(d)members of the recognised stock exchange referred to in clause (f) of
section 2 and the officers of the stock exchanges recognised under
section 4 of the Securities Contracts (Regulation) Act, 1956 (42 of
1956);
(e) officers of the Reserve Bank of India constituted under sub-section (1)
of section 3 of the Reserve Bank of India Act, 1934 (2 of 1934);
(f) officers of police;
(g)officers of enforcement appointed under sub-section (1) of section 36
of the Foreign Exchange Management Act, 1999 (40 of 1999);
(h) officers of the Securities and Exchange Board of India established
under section 3 of the Securities and Exchange Board of India Act,
1992 (15 of 1992);
(ha) officers of the Insurance Regulatory and Development Authorityestablished under section 3 of the Insurance Regulatory and
Development Authority Act, 1999 (41 of 1999);
(hb)officers of the Forward Markets Commission established under
section 3 of the Forward Contracts (Regulation) Act, 1952 (74 of
1952);
(hc) officers and members of the recognised association recognised under
section 6 of the Forward Contracts (Regulation) Act, 1952 (74 of
1952);
(hd) officers of the Pension Fund Regulatory and Development
Authority;
(he) officers of the Department of Posts in the Government of India;
(hf) Registrars or Sub-Registrars appointed by the State Governments
under section 6 of the Registration Act, 1908 (16 of 1908);
(hg) registering authority empowered to register motor vehicles under
Chapter IV of the Motor Vehicles Act, 1988 (59 of 1988);
(hh) officers and members of the Institute of Chartered Accountants of
India constituted under section 3 of the Chartered Accountants Act,
1949 (38 of 1949);
(hi) officers and members of the Institute of Cost and Works Accountants
of India constituted under section 3 of the Cost and Works
Accountants Act, 1959 (23 of 1959);
(hj)officers and members of the Institute of Company Secretaries of India
constituted under section 3 of the Companies Secretaries Act, 1980;
(hj) officers and members of the Institute of Company Secretaries of India
constituted under section 3 of the Company Secretaries Act, 1980 (56
(hj) officers and members of the Institute of Company Secretaries of India
constituted under section 3 of the Company Secretaries Act, 1980 (56 of
1980
(hj) officers and members of the Institute of Company Secretaries of India
constituted under section 3 of the Company Secretaries Act, 1980 (56 of 1980
(i) officers of any other body corporate constituted or established under a
Central Act or State Act;
(ii) such other officers of the Central Government, State Government, local
authorities or reporting entities as the Central Government may, by
notification, specify, in this behalf.
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