Is the offence committed under Prevention of Money Laundering Act, 2002 is cognizable and bailable? State the law and procedure relating to it.
CS Executive · Economic and Commercial Laws · PYQS · December 2017
Is the offence committed under Prevention of Money Laundering Act, 2002 is cognizable and bailable? State the law and procedure relating to it.
Answer & Explanation:
Section 45 of the Prevention of Money Laundering Act, 2002 declares every offence punishable under this Act to be cognizable and non-bailable . It provides that notwithstanding anything contained in the Code of Criminal Procedure, 1973, a person accused of an offence punishable for a term of imprisonment of more than three years under Part A of the Schedule shall not be released on bail or on his own bond unless: the Public Prosecutor has been given an opportunity to oppose the application for such release; and where the Public Prosecutor opposes the application, unless 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 in bail. The Special Court in this respect 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 special order made by that Government.
Topics: Prevention of Money Laundering Act, 2002
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