Sections 43 and 46-47 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 43 lets the Central Government designate Courts of Session as Special Courts to try the offence of money-laundering. Section 46 applies the Code of Criminal Procedure, 1973 to those courts and sets out how Public Prosecutors are treated and qualified. Section 47 gives the High Court its appeal and revision powers over a Special Court.
This article reads the sections as per the consolidated text of the Act consulted (amendments shown up to 1 August 2019). Later amendments and notifications should be checked. Section 44 (what the Special Court tries) and section 45 (bail) are in their own articles. Anyone facing a complaint before a Special Court can start with a legal dispute resolution review of the file.
The Central Government, in consultation with the Chief Justice of the High Court, designates one or more Courts of Session as Special Courts for trial of the offence punishable under section 4, and a Special Court also tries any other offence with which the accused may be charged at the same trial. The Code of Criminal Procedure, 1973 applies to proceedings before a Special Court (including bails and bonds) save as otherwise provided in the Act, and a Public Prosecutor must have been in practice as an advocate for not less than seven years. The High Court may exercise its Chapter XXIX and Chapter XXX powers over a Special Court as if it were a Court of Session.
Section 43: designation of Special Courts
Sub-section (1): the designation
The Central Government, in consultation with the Chief Justice of the High Court, shall, for trial of offence punishable under section 4, by notification, designate one or more Courts of Session as Special Court or Special Courts. The notification may do so for such area or areas, or for such case or class or group of cases, as it specifies.
Points to notice:
- The word is "shall": the Act directs designation; it is not left optional.
- The designation is of existing Courts of Session, not of a new court.
- The designation is by notification, so the notification of the area or class of cases is where the actual court for a case is found. This text does not contain any notification.
- The designation is "for trial of offence punishable under section 4". Section 4 is the punishment for money-laundering; see our article on section 4.
The Explanation defines "High Court" for this sub-section: the High Court of the State in which a Sessions Court designated as Special Court was functioning immediately before such designation.
Sub-section (2): other offences at the same trial
While trying an offence under the Act, a Special Court shall also try an offence, other than an offence referred to in sub-section (1), with which the accused may, under the Code of Criminal Procedure, 1973 (2 of 1974), be charged at the same trial. In plain terms, the Special Court does not send the accused to a different court for a connected offence that the Code allows to be charged together. What counts as chargeable at the same trial is a matter for the Code, which the reader should check as it stands today.
Section 46: the Code of Criminal Procedure applies
Sub-section (1)
Save as otherwise provided in the Act, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) (including the provisions as to bails or bonds) apply to the proceedings before a Special Court. Two deeming rules follow:
| Deemed | As |
|---|---|
| The Special Court | A Court of Session |
| The persons conducting the prosecution before the Special Court | A Public Prosecutor |
The proviso adds that the Central Government may also appoint for any case or class or group of cases a Special Public Prosecutor.
The words "save as otherwise provided in this Act" matter. Where the Act has its own rule, that rule prevails over the Code. The bail conditions in section 45 are the clearest example, read in our article on section 45.
Sub-section (2): who can be a Public Prosecutor
A person shall not be qualified to be appointed as a Public Prosecutor or a Special Public Prosecutor under this section unless he has been in practice as an advocate for not less than seven years, under the Union or a State, requiring special knowledge of law. The text is printed with that wording; this article does not add a gloss to the phrase "under the Union or a State, requiring special knowledge of law".
Sub-section (3): status under the Code
Every person appointed as a Public Prosecutor or a Special Public Prosecutor under this section shall be deemed to be a Public Prosecutor within the meaning of clause (u) of section 2 of the Code of Criminal Procedure, 1973 (2 of 1974), and the provisions of that Code shall have effect accordingly.
Section 47: appeal and revision
The High Court may exercise, so far as may be applicable, all the powers conferred by Chapter XXIX or Chapter XXX of the Code of Criminal Procedure, 1973 (2 of 1974), on a High Court, as if a Special Court within the local limits of the jurisdiction of the High Court were a Court of Session trying cases within those limits.
Read the section in three steps:
- The powers are those of Chapter XXIX or Chapter XXX of the Code, as printed. This article does not describe what those chapters contain.
- They are exercised "so far as may be applicable", so the High Court applies them to the extent they fit the Act.
- The comparison is with a Court of Session within the High Court's local limits, which is the link back to section 46(1).
Section 47 is the criminal-side route. The separate appeal from the Appellate Tribunal in civil-type matters is section 42, covered in our article on sections 41 and 42.
How the three sections fit together
| Section | Question it answers |
|---|---|
| 43 | Which court tries the offence under section 4? |
| 46 | Which procedure does that court follow, and who prosecutes? |
| 47 | Who hears an appeal or revision against that court? |
An example
Ms Radhika Menon (invented) is accused of laundering proceeds linked to a cheating offence, and the Central Government has notified a Court of Session in her district as the Special Court for that class of cases. Under section 43(2), that court can also try an offence with which she may be charged at the same trial under the Code. Under section 46(1), the court follows the Code, as a Court of Session would, except where the Act says otherwise, and the prosecutor conducting the case is deemed a Public Prosecutor. If the Central Government appoints a Special Public Prosecutor for the class of cases, that person must have the seven years of practice section 46(2) requires. If either side is aggrieved by what the Special Court does, the High Court has the powers named in section 47.
Points to keep in mind
- Notification first. The designation is by notification; find the notification for your area before assuming which court has jurisdiction. This text does not contain it.
- The Code is named repeatedly. The Act refers to the Code of Criminal Procedure, 1973 throughout these sections, and to its chapters by number. Check the current procedural law for the corresponding provisions before acting.
- Section 4 only. The designation in section 43(1) is for trial of the offence punishable under section 4. What else the Special Court tries is in section 44; see our article on section 44.
- No fees or forms here. These sections print no form, fee or time limit for appeal or revision.
For the wider picture of how courts are arranged, see our guide to criminal courts, hierarchy and jurisdiction.
Need help with a Special Court matter?
If a complaint under the Act has been filed against you, your company or a client, the first step is to establish which Special Court has the case and what stage it has reached. Our team advises on this through legal dispute resolution, working from the court records you hold.
Key takeaways
- Special Courts are Courts of Session designated by notification, in consultation with the Chief Justice of the High Court, for trial of the offence punishable under section 4.
- A Special Court also tries any other offence chargeable at the same trial under the Code of Criminal Procedure, 1973.
- The Code applies to Special Court proceedings, including bails and bonds, save as the Act otherwise provides.
- The Special Court is deemed a Court of Session, and those conducting prosecution are deemed Public Prosecutors; a Special Public Prosecutor may be appointed.
- A Public Prosecutor or Special Public Prosecutor needs not less than seven years in practice as an advocate.
- The High Court has the powers of Chapter XXIX or Chapter XXX of the Code, so far as applicable, over a Special Court.
Read next
- Section 44 PMLA: offences triable by Special Courts
- Section 45 PMLA: cognizable offences and bail
- Sections 41-42 PMLA: civil court bar and appeal to High Court
- Bailable vs non-bailable offences and bail rights
Disclaimer: Based on the consolidated text of the Prevention of Money-laundering Act, 2002 published by the Enforcement Directorate, showing amendments up to Act 23 of 2019 (1 August 2019), and on the Department of Revenue consolidated copy of the Prevention of Money-laundering (Maintenance of Records) Rules, 2005 listing amendments up to 19 July 2024, as consulted on 2 October 2026. Later amendments, notifications, other rules and regulator directions should be checked. This article is general information, not legal advice; check the official text before acting.