Amended and updated notes on section 439 of Companies Act 2013. Detail discussion on provisions and rules related to offences to be noncognizable.
Chapter XXVIII (Sections 435–446B) of the Companies Act, 2013 (CA 2013) deals with the provisions related to Special Courts. Section 439 of CA 2013 provides for offences to be noncognizable.
Recently, we have discussed in detail section 438 (Application of Code to proceedings before Special Court) of CA 2013. Today, we learn the provisions of section 439 of the Companies Act 2013.
The provisions of section 439 are effective from 12th September, 2013. You may refer Notification No. S.O. 2754(E) dated 12-09-2013. In this article, you will learn detail of the provisions of section 439 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. | 439 |
| Section Name | Offences to be non-cognizable |
| Monthly Updated Edition | Company Law PDF |
Section 439 of Companies Act 2013: Offences to be noncognizable
Section 439 shall come into force on 12th September, 2013 vide Notification No. S.O. 2754(E) dated 12.09.2013
(1) Notwithstanding anything in the Code of Criminal Procedure, 1973, every offence under this Act except the offences referred to in sub-section (6) of section 212 shall be deemed to be non-cognizable within the meaning of the said Code.
(2) No court shall take cognizance of any offence under this Act which is alleged to have been committed by any company or any officer thereof, except on the complaint in writing of the Registrar, a shareholder or a member of the company, or of a person authorised by the Central Government in that behalf:
Provided that the court may take cognizance of offences relating to issue and transfer of securities and non-payment of dividend, on a complaint in writing, by a person authorised by the Securities and Exchange Board of India:
Provided further that nothing in this sub-section shall apply to a prosecution by a company of any of its officers.
(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, where the complainant under sub-section (2) is the Registrar or a person authorised by the Central Government, the presence of such officer before the Court trying the offences shall not be necessary unless the court requires his personal attendance at the trial.
(4) The provisions of sub-section (2) shall not apply to any action taken by the liquidator of a company in respect of any offence alleged to have been committed in respect of any of the matters in Chapter XX or in any other provision of this Act relating to winding up of companies.
Explanation: The liquidator of a company shall not be deemed to be an officer of the company within the meaning of sub-section (2).
Exception/ Modification/ Adaptation:
In case of Government company, in sub-section (2), the words “the Registrar, a shareholder of the company, or of” shall be omitted. – Notification No. G.S.R. 463(E) dated 5th June, 2015.