Offences to be cognizable and non-bailable
Section 45 of the Prevention of Money-Laundering Act, 2002 deals with offences to be cognizable and non-bailable. [Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no person accused of an offence [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; The Act came into force on 01 Jul 2005.
(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.]
Section 45, 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.
This section refers to
Referred to by 2
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.
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Nikesh Tarachand Shah vs Union of India Ministry of Finance through Secretary Revenue
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: The central provision under challenge imposing twin conditions for bail: (i) Public Prosecutor given opportunity to oppose, and (ii) Court satisfied of reasonable grounds for believing accused not guilty and not likely to commit offence while on bail
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Vijay Madanlal Choudhary v. Union of India
Court's Decision & Legal Precedent
Three-judge Bench upheld the PMLA scheme: s.3 offence (including the explanation treating possession/use as money-laundering), s.5 attachment, s.19 arrest, s.24 reverse burden, substituted s.45 bail conditions, and s.50 inquiry powers of the ED, as not violating Articles 14/20/21 when read with the 2019 amendments. Teaching counterpart to Nikesh (which had struck down old s.45). SLP(Crl) 5487/2017 batch; 470 orders — use Judgement order-410.pdf 27 July 2022, not order-411.pdf ROP.
On this section: Substituted s.45 twin conditions (post-Nikesh amendment) upheld; Nikesh strike-down of the old text overtaken.
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Satender Kumar Antil vs Central Bureau of Investigation
Court's Decision & Legal Precedent
Bail is the rule and jail is the exception in criminal procedure. The presumption of innocence, being a facet of Article 21 of the Constitution, places the burden on the prosecution to prove guilt. Courts must exercise their discretion in granting or refusing bail judiciously, considering all relevant factors including the nature and gravity of the offence, the severity of punishment, the conduct of the accused during investigation, the delay in trial, and the likelihood of the accused absconding. Investigating agencies must comply with Section 41 and 41A of the CrPC by recording reasons for arrest and for not arresting. Non-compliance with these provisions entitles the accused to bail. Courts must act as guardians of liberty and ensure that personal liberty is protected in accordance with the procedure established by law.
On this section: Bail provisions for PMLA offences; noted as struck down by Court
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.
Made under this section, and citing it
1 instrument states that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
Questions about Section 45
What have the courts held on Section 45 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: The central provision under challenge imposing twin conditions for bail: (i) Public Prosecutor given opportunity to oppose, and (ii) Court satisfied of reasonable grounds for believing accused not guilty and not likely to commit offence while on bail. Another 2 judgments on this section are set out below, all of them from the Supreme Court. They run from 2017 to 2022.
How do I find court cases under Section 45 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 45, section 45 Pmla, section 45 of the Prevention of Money-Laundering Act. People searching for it also type 45 pmla act and pmla 44 45. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 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 45 of the Prevention of Money-Laundering Act, and has it changed?
Its own text turns on section 4 (Punishment for money-laundering), section 19 (Power to arrest), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. The rules and notifications made under it are where it actually bites, and there is one: most recently Notification appointing Director of Enforcement (2005).
When did Section 45 of the Prevention of Money-Laundering Act come into force?
Section 45 of the Prevention of Money-Laundering Act, commonly called pmla bail, and cited as Pmla 45, 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
- 2. Definitions1773 words
- 8. Adjudication975 words
- 6. Adjudicating Authorities, composition, powers, etc781 words
- 73. Power to make rules704 words
- 17. Search and seizure570 words
- 5. Attachment of property involved in money-laundering570 words
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 14 Oct 2026. This page is not a substitute for legal advice.