Section 438 of Companies Act, 2013 – Application of code to Proceedings before Special Court

  • Updated Till : November 15, 2018

SECTION 438. APPLICATION OF CODE TO PROCEEDINGS BEFORE
SPECIAL COURT

[1][Effective from 18th May 2016]

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 [2] [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.

[1] Notified vide Notification no. F.No. 01/12/2009-CL-I (Vol.IV) dated 18th May 2016

[2] Substituted for the words “deemed to be a Court of Session” by the Companies (Amendment) Act 2017 vide Notification No. S.O. 1833(E)  dated 7th May, 2018.

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