Section 436 of the Companies Act, 2013
Section 436 of the Companies Act, 2013
Title: Offences Triable by Special Courts
Key Provisions:
Jurisdiction of Special Court:
All offences under the Companies Act, 2013 that are punishable with:
Imprisonment of 2 years or more,
Shall be triable only by a Special Court designated for such offences.
Other Offences:
Other offences (not covered above) may be tried summarily by a Special Court, provided the punishment does not exceed 3 years of imprisonment.
Summary Trial Powers:
In summary trials, the Special Court can impose:
A maximum sentence of 1 year imprisonment.
If during a summary trial it appears the sentence may exceed 1 year, the Special Court must convert the trial to regular procedure.
Persons Conducting Prosecution:
The prosecution before the Special Court can be conducted by:
The Public Prosecutor, or
A chartered accountant, company secretary, or cost accountant, authorized by the Central Government.
In Summary:
| Offence Type | Triable By | Nature of Trial |
|---|---|---|
| Punishable with ≥ 2 years imprisonment | Special Court | Regular trial |
| Other offences (≤ 3 years) | Special Court | Summary trial possible |
| Max punishment in summary trial | 1 year imprisonment |
RELATED Blog
0 comments