LawgistThe Companies Act
438Application of Code to proceedings before Special Court
Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply to the proceedings before a Special Court and for the purposes of the said provisions, the Special Court shall be 1[deemed to be a Court of Session or the court of Metropolitan Magistrate or a Judicial Magistrate of the First Class, as the case may be,] and the person conducting a prosecution before a Special Court shall be deemed to be a Public Prosecutor.
Download our fully-offline, High speed android app.- Click here
1. Subs. by Act 1 of 2018, s. 87 for "deemed to be a Court of Session" (w.e.f. 7-5-2018).
SPECIAL COURTS
- 435 Establishment of Special Court
- 436 Offences triable by Special Courts
- 437 Appeal and revision
- 438 Application of Code to proceedings before Special Court
- 439 Offences to be non-cognizable
- 440 Transitional provisions
- 441 Compounding of certain offences
- 442 Mediation and Conciliation Panel
- 443 Power of Central Government to appoint company prosecutor
- 444 Appeal against acquittal
- 445 Compensation for accusation without reasonable cause
- 446 Application of fines
- 446A Factors for determining level of punishment
- 446B Lesser penalties for One Person Companies or small companies
