Companies Act Section 443 — Power of Central Government to appoint company prosecutors

CHAPTER XXVIII SPECIAL COURTS

Commercial / Corporate

Summary

The Central Government can appoint one or more people as company prosecutors. This can be done generally, for a specific case, or for a particular group of cases in a specific area. These prosecutors handle legal prosecutions that come from this Act.

This power works even if it conflicts with the Code of Criminal Procedure, 1973. The appointed company prosecutors have all the powers and privileges that the Code gives to Public Prosecutors who are appointed under section 24 of that Code.

Official Text

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the Central Government may appoint generally, or for any case, or in any case, or for any specified class of cases in any local area, one or more persons, as company prosecutors for the conduct of prosecutions arising out of this Act and the persons so appointed as company prosecutors shall have all the powers and privileges conferred by the Code on Public Prosecutors appointed under section 24 of the Code.