Section 21: Offences to be cognizable and non-bailable

21. Offences to be [cognizable] and non-bailable.—(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898) and subject to sub-sections (2) and ( 3 ), (a) every offence punishable under this Act shall be [cognizable] and non bailable; (b) no person accused of an offence punishable under this Act for a term of imprisonment of more than three years shall be released on bail or on his own bond unless (i) the Public Prosecutor has been given due notice; 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. (2) The Court shall not take cognizance of any offence punishable under section 4 except upon a complaint in writing made by,— (a) the investigating officer; or (b) any officer of the Federal Government or a Provincial Government authorized in writing in this behalf by the Federal Government by a general or special order made in this behalf by that Government: Provided that where the person accused is a [reporting entity], the investigating officer or any other authorized officer, as the case may be shall, before filing such complaint, seek the approval of the concerned [AML/CFT regulatory authority] which shall not withhold its decision for a period exceeding sixty days. (3) The Court shall not take cognizance of any offence punishable under sub-section (1) of section 33 except upon a complaint in writing made by the FMU [or investigating or prosecuting agency]. (4) The power and discretion on granting of bail specified in clause (b) of sub-section (1) are in addition to the power and discretion under the Code of Criminal Procedure, 1898 (Act V of 1898), or any other law for the time being in force on granting of bail.

Effective date: 2010-03-27

Amendment history

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