Section43
The Prevention of Money-Laundering Act, 2002

Special Courts

In force From 01 Jul 2005 Act 15 of 2003 As on 15 Oct 2026

Act 15 of 2003 Ministry Finance Enacted 17 Jan 2003 In force 01 Jul 2005 Cited by 3 provisions Instruments 5

Section 43 of the Prevention of Money-Laundering Act, 2002 deals with special Courts. 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 m The Act came into force on 01 Jul 2005.

(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.

Section 43, The Prevention of Money-Laundering Act, 2002 (Act 15 of 2003).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. Nikesh Tarachand Shah vs Union of India Ministry of Finance through Secretary Revenue

    Supreme Court of India 23 Nov 2017 Binding (Supreme Court) Reportable

    Court's Decision & Legal Precedent

    Section 45(1) of the Prevention of Money Laundering Act, 2002, insofar as it imposes two further conditions for release on bail (that Public Prosecutor be given opportunity to oppose and that Court be satisfied of reasonable grounds for believing accused not guilty and not likely to commit offence while on bail), is unconstitutional as it violates Articles 14 and 21 of the Constitution of India because: (1) the classification based on sentencing of predicate offences has no rational nexus to the object of the PMLA Act which is to attach proceeds of crime and bring money laundering offenders to book; (2) the twin conditions relate to guilt of predicate offence, not money laundering offence, creating a disconnect; (3) the provision produces manifestly arbitrary results depending on whether predicate offence is in Part A or Part B of Schedule or whether person is charged with money laundering alone; (4) the provision inverts the presumption of innocence which is fundamental to criminal law; (5) the procedure is not fair, just and reasonable as required by Article 21; and (6) the provision lacks a compelling state interest justifying such drastic inroads into personal liberty.

    On this section: Provides for designation of Special Courts for trial of money laundering offences

    Read the full order on eCourts India

  2. Loop Telecom LTD vs Regr. Gen. Delhi High Court

    Supreme Court of India 01 Jul 2013 Binding (Supreme Court Division Bench) Reportable

    Court's Decision & Legal Precedent

    Where co-accused in the same criminal transaction are charged with offences under the Prevention of Corruption Act, 1988 as well as offences under the Indian Penal Code, a Special Judge appointed under Section 3 of the Prevention of Corruption Act has valid jurisdiction under Section 4(3) of the PC Act read with Section 220 and Section 223 of the Criminal Procedure Code, 1973 to take cognizance of and try all accused jointly, including those charged solely with IPC offences. The Administrative Order of the High Court nominating a Special Judge and the Government Notification appointing such Special Judge are constitutionally valid exercises of authority under Article 233 of the Constitution and Section 3(1) of the Prevention of Corruption Act. The establishment of a Special Court to exclusively try cases arising from the same FIR and the same criminal transaction does not violate the Criminal Procedure Code or deprive the accused of valuable legal rights.

    On this section: Court noted that similar to PC Act, this Act also empowers Special Courts to try other offences that may be taken cognizance of under the Cr.P.C.

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Judgments citing this section

These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.

  1. High Court 08 Jul 2014 JHHC010024372014

    … Learned counsel has pointed out that even thereafter, two notifications have been issued by the Central Government, one being dated 23rd May 2012, which reads as follows:- > "S.O. 1159(E).- In exercise of the powers conferred by Sub-Section (1) of Section 43 of the Prevention of Money-Laundering Act, 2002 (15 of 2003), the Central Government in consultation with the Chief Justice of the High Court of Jharkhand, hereby designates the Court of Special Judge-I, CBI (ACB), Ranchi, being a Court of Session, as the Special Court to try offences punishable under Section 4 of …

    Read this order on eCourtsIndia

Made under this section, and citing it

5 instruments name this provision in its title or its text without being made under it.

All subordinate legislation

Questions about Section 43

What have the courts held on Section 43 of the Prevention of Money-Laundering Act?

Nikesh Tarachand Shah vs Union of India Ministry of Finance through Secretary Revenue (23 Nov 2017) is the leading judgment on this section among those set out below: Provides for designation of Special Courts for trial of money laundering offences. Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2013 to 2017.

How do I find court cases under Section 43 of the Prevention of Money-Laundering Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Pmla 43, section 43 Pmla, section 43 of the Prevention of Money-Laundering Act. People searching for it also type 43 pmla. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Nikesh Tarachand Shah vs Union of India Ministry of Finance through Secretary Revenue (23 Nov 2017).

What should I read with Section 43 of the Prevention of Money-Laundering Act, and has it changed?

Its own text turns on section 4 (Punishment for money-laundering), so none of them can safely be read on its own. 3 other provisions in this corpus refer back to it. 5 instruments name it without being made under it, most recently The Prevention of Money-laundering (Maintenance of Records) Third Amendment Rules, 2023 (2023), then The prevention of Money-laundering (Maintenance of Records) Fourth Amendment Rules, 2019. (2019).

When did Section 43 of the Prevention of Money-Laundering Act come into force?

Section 43 of the Prevention of Money-Laundering Act, cited as Pmla 43, came into force on 01 Jul 2005, having been enacted on 17 Jan 2003. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.