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

A Special Court is trying Rohan for money-laundering. The prosecution notes that Rohan may also be charged at the same trial with another offence, which is not the money-laundering offence, under the Code of Criminal Procedure. What does the Act provide?

The Special Court shall also try the other offence with which the accused may be charged at the same trial under the Code of Criminal Procedure. The Act itself gives this power, so no referral to a Magistrate or permission from the High Court is needed.

  1. AThe Special Court must refer that other offence to a Magistrate
  2. BThe Special Court shall also try that other offence with which he may be charged at the same trialCorrect
  3. CThe Special Court may try it only with the High Court's permission
  4. DThe other offence must be tried only after the money-laundering trial ends

Explanation

Section 43(2) states that while trying an offence under the Act, a Special Court shall also try any other offence with which the accused may, under the Code of Criminal Procedure, be charged at the same trial. Referral to a Magistrate or High Court permission is not required.

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