• Harmehak Kaur Anand

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

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Section 438 of the Companies Act, 2013 states that a Special Court will be deemed to be a Court of Session or the Court of Metropolitan Magistrate or a Judicial Magistrate of the First Class, as per the situation, and the provisions of the Code of Criminal Procedure, 1973 will apply to the trials of a Special Court. Additionally, it is assumed that the prosecutor in a case before a Special Court is a Public Prosecutor.


The words “Court of Session” were substituted by the words “Court of Session or the Court of Metropolitan Magistrate or a Judicial Magistrate of the First Class” by the Companies (Amendment) Act 2017.


It is important to note that Section 438 begins with the words: “Save as otherwise provided in this Act, the provisions …” This is an important aspect of the section that establishes that if the Act of 2013 contains any other provisions, those particular provisions will take precedence over Section 438.

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