Application of Code of Criminal Procedure, 1973 to proceedings before Special Court
Section 46 of the Prevention of Money-Laundering Act, 2002 deals with application of Code of Criminal Procedure, 1973 to proceedings before Special Court. 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 Cou The Act came into force on 01 Jul 2005.
(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.
Section 46, The Prevention of Money-Laundering Act, 2002 (Act 15 of 2003).
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: Applies CrPC provisions to Special Court proceedings; Special Court deemed to be Court of Session
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.
Questions about Section 46
What have the courts held on Section 46 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: Applies CrPC provisions to Special Court proceedings; Special Court deemed to be Court of Session.
How do I find court cases under Section 46 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 46, section 46 Pmla, section 46 of the Prevention of Money-Laundering Act. People searching for it also type 46 pmla. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Nikesh Tarachand Shah vs Union of India Ministry of Finance through Secretary Revenue (23 Nov 2017).
When did Section 46 of the Prevention of Money-Laundering Act come into force?
Section 46 of the Prevention of Money-Laundering Act, cited as Pmla 46, 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 15 Oct 2026. This page is not a substitute for legal advice.