The Prevention of Money-Laundering Act, 2002
45. Offences to be
cognizable and non-bailable.-
1. Notwithstanding
anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),-
a. every offence
punishable under this Act shall be cognizable;
b. 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-
a. the Director; or
b. 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.
1.
2. The
limitation on granting of bail specified in clause (b) of 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.