Section 438 of the Companies Act, 2013: Application of Code to proceedings before Special Court

The Companies Act, 2013

Chapter– XXVIII Special Courts

Section 438: Application of Code to proceedings before Special Court.

*438. Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973 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.


*Effective from 18.05.2016.

1. Substituted by the Companies (Amendment) Act, 2017, w.e.f. 07.05.2018[S.O. 1833(E) dated 07.05.2018], for the words “deemed to be a Court of Session“.))

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