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(1) Notwithstanding anything contained in the Code of
Criminal Procedure, 1973 (2 of 1974),--
1[(a) an offence punishable under section 4 and any scheduled offence connected to the offence
under that section shall be triable by the Special Court constituted for the area in which the offence
has been committed:
Provided that the Special Court, trying a scheduled offence before the commencement of this Act,
shall continue to try such scheduled offence; or];
(b) a Special Court may, 2*** upon a complaint made by an authority authorised in this behalf
under this Act take 3[cognizance of offence under section 3, without the accused being committed to
it for trial];
4[(c) if the court which has taken cognizance of the scheduled offence is other than the Special
Court which has taken cognizance of the complaint of the offence of money-laundering under
sub-clause (b), it shall, on an application by the authority authorised to file a complaint under this
Act, commit the case relating to the scheduled offence to the Special Court and the Special Court
shall, on receipt of such case proceed to deal with it from the stage at which it is committed.
(d) a Special Court while trying the scheduled offence or the offence of money-laundering shall
hold trial in accordance with the provisions of the Code of Criminal Procedure, 1973 ( 2 of 1974) as it
applies to a trial before a Court of Session.]
5[Explanation.--For the removal of doubts, it is clarified that,--
(i) the jurisdiction of the Special Court while dealing with the offence under this Act, during
investigation, enquiry or trial under this Act, shall not be dependent upon any orders passed in
respect of the scheduled offence, and the trial of both sets of offences by the same court shall not
be construed as joint trial;
(ii) the complaint shall be deemed to include any subsequent complaint in respect of further
investigation that may be conducted to bring any further evidence, oral or documentary, against
any accused person involved in respect of the offence, for which complaint has already been
filed, whether named in the original complaint or not.]
(2) Nothing contained in this section shall be deemed to affect the special powers of the High Court
regarding bail under section 439 of the Code of Criminal Procedure, 1973 (2 of 1974) and the High Court
may exercise such powers including the power under clause (b) of sub-section (1) of that section as if the
reference to "Magistrate" in that section includes also a reference to a Special Court designated under
section 43.
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1. Subs. by Act 2 of 2013, s. 21, for clause (a) (w.e.f. 15-2-2013).
2. The words "upon perusal of police report of the facts which constitute an offence under this Act or" omitted by Act 20 of 2005, s. 6 (w.e.f. 1-7-2005).
3. Subs. by Act 2 of 2013, s. 21, for "cognizance of the offence for which the accused is committed to it for trial" (w.e.f. 15-2-2013).
4. Ins. by s. 21, ibid. (w.e.f. 15-2-2013).
5. Ins. by Act 23 of 2019, s. 199 (w.e.f. 1-8-2019).