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CS Executive · Economic, Commercial and Intellectual Property Laws · Prevention of Money Laundering

A Special Court is trying a money-laundering case on a complaint filed by an authorised authority. As to cognizance, which statement fits section 44?

A Special Court may take cognizance of the offence under section 3 upon a complaint made by an authority authorised under the Act, without the accused being committed to it for trial. It does not need a police report or a conviction in the scheduled offence.

  1. AIt can take cognizance only after the accused is committed to it for trial by a Magistrate
  2. BIt can take cognizance only on a police report under the Code of Criminal Procedure
  3. CIt can take cognizance of the offence under section 3 upon a complaint by an authorised authority, without the accused being committed to it for trialCorrect
  4. DIt can take cognizance only after the scheduled offence trial ends in conviction

Explanation

Section 44(1)(b) lets a Special Court take cognizance of the section 3 offence upon a complaint by an authority authorised under the Act, without commitment. Police-report cognizance wording was omitted in 2005, and Explanation (i) says its jurisdiction does not depend on orders in the scheduled offence.

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