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Section 438 Of Companies Act 2013: Application Of Code To Proceedings Before Special Court

Corporate Law (Country: India)

SECTION-438 (Application of Code to proceedings before Special Court) under CHAPTER-XXVIII (Special Courts) of the Companies Act, 2013

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 and the person conducting a prosecution before a Special Court shall be deemed to be a Public Prosecutor.

Extra Notes for Readers

(1) The Companies Act, 2013 received the assent of the President on the 29th August, 2013 (Published in the Gazette of India, Extraordinary, Part II - Section 1 by Ministry of Law and Justice, Legislative Department on 30th August, 2013) - link

(2) Section 438 of the Companies Act 2013 was notified by MCA Notification S.O. 1795(E) dated 18th May 2016 (w.e.f. 18th May 2016) - link

This page was last updated on 5th June, 2017.

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