Section 438

Application of Code to proceedings before Special Court.

The Companies Act, 2013

  • Act 18 of 2013
  • Ministry of Corporate Affairs
About this Act

An Act to consolidate and amend the law relating to companies.

All sections
    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.

Notes

1. Subs. by Act 1 of 2018, s. 87 for "deemed to be a Court of Session" (w.e.f. 7-5-2018).

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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