Section 440 of the Companies Act, 2013
⚖️ Section 440 of the Companies Act, 2013
– Application of the Code of Criminal Procedure, 1973 to proceedings before Special Court
Text of the Section:
The provisions of the Code of Criminal Procedure, 1973 (CrPC) 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 the prosecution before the Special Court shall be deemed to be a Public Prosecutor.
✅ Key Highlights:
Special Courts under the Companies Act are empowered to try offences under the Act.
Section 440 ensures that procedural rules of CrPC apply to such trials.
It equates the Special Court to a Sessions Court.
The prosecutor is treated as a Public Prosecutor under CrPC for such cases.
🏛️ Purpose:
To maintain uniformity and legal consistency in how criminal proceedings are conducted under the Companies Act by aligning them with the well-established framework of the Criminal Procedure Code.
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