Companies Act Section 435 — Establishment of Special Courts

CHAPTER XXVIII SPECIAL COURTS

Commercial / Corporate

Summary

Sub-section (1) allows the Central Government to set up or name as many Special Courts as needed, for the purpose of conducting speedy trials of offences under this Act, except for those covered under section 452.

Sub-section (2) describes the composition of a Special Court. Under clause (a), for offences punishable with imprisonment of two years or more, the court will have a single judge who holds the position of Sessions Judge or Additional Sessions Judge. Under clause (b), for all other offences, the court will have a Metropolitan Magistrate or a Judicial Magistrate of the First Class. In both cases, the judge is appointed by the Central Government with the agreement of the Chief Justice of the High Court within whose jurisdiction the judge works.

Official Text

(1) The Central Government may, for the purpose of providing speedy trial of 2[offences under this Act, except under section 452, by notification] establish or designate as many Special Courts as may be necessary.

(2) A Special Court shall consist of—

(a) a single judge holding office as Session Judge or Additional Session Judge, in case of offences punishable under this Act with imprisonment of two years or more; and

(b) a Metropolitan Magistrate or a Judicial Magistrate of the First Class, in the case of other offences, who shall be appointed by the Central Government with the concurrence of the Chief Justice of the High Court within whose jurisdiction the judge to be appointed is working.]