Companies Act Section 438 — Application of Code to proceedings before Special Court

CHAPTER XXVIII SPECIAL COURTS

Commercial / Corporate

Summary

Except where this Act says something different, the rules of the Criminal Procedure Code (CrPC) of 1973 will govern how cases are run in a Special Court. For applying those rules, the Special Court is treated as if it were a Court of Session, a Metropolitan Magistrate's court, or a Judicial Magistrate of the First Class, depending on the situation. Also, the person who handles the prosecution in that Special Court is treated as if they were a Public Prosecutor.

Official Text

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.