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

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.

Related Judgments

• VILAS PANDURANG PAWAR & ANR. vs STATE OF MAHARASHTRA & ORS — Supreme Court of India (2012)
• KIRAN vs RAJKUMAR JIVRAJ JAIN & ANR — Supreme Court of India (2025)
• PARVINDERJIT SINGH AND ANR. vs STATE (U.T. CHANDIGARH) AND ANR — Supreme Court of India (2008)
• SUSHILA AGGARWAL AND OTHERS vs STATE (NCT OF DELHI) AND ANOTHER — Supreme Court of India (2020)
• BALCHAND JAIN vs STATE OF MADHYA PRADESH — Supreme Court of India (1976)
• SHOBHAN SINGH KHANKA vs THE STATE OF JHARKHAND — Supreme Court of India (2012)