Amended and updated notes on section 438 of Companies Act 2013. Detail discussion on provisions and rules related to application of Code to proceedings before Special Court.
Chapter XXVIII (Sections 435–446B) of the Companies Act, 2013 (CA 2013) deals with the provisions related to Special Courts. Section 438 of CA 2013 provides for application of Code to proceedings before Special Court.
Recently, we have discussed in detail section 437 (appeal and revision) of CA 2013. Today, we learn the provisions of section 438 of the Companies Act 2013.
The provisions of section 438 are effective from 18th May, 2016. You may refer Notification No. S.O. 1795(E) dated 18-05-2016. In this article, you will learn detail of the provisions of section 438 the Companies Act 2013.
| Name of Act | The Companies Act 2013 |
|---|---|
| Enacted by | Parliament of India |
| Administered by | Ministry of Corporate Affairs (MCA) |
| Number of Chapters | 29 |
| Number of Sections | 484 (470-43+57) |
| Number of Schedules | 7 |
| You are reading: | |
| Chapter No. | XXVIII |
| Chapter Name | Special Courts |
| Section No. | 438 |
| Section Name | Application of Code to proceedings before Special Court |
| Monthly Updated Edition | Company Law PDF |
Section 438 of Companies Act 2013: Application of Code to proceedings before Special Court
Section 438 shall come into force on 18th May, 2016 vide Notification No. S.O. 1795(E) dated 18.05.2016.
Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973 shall apply to the proceedings before a Special Court and for the purposes of the said provisions, the Special Court shall be 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.