Establishment of Special Courts

435. Establishment of Special Courts

(1)

The Central Government may, for the purpose of providing speedy trial of offences under this Act, by notification offences under this Act, except under section 452, by notification establish or designate as many Special Courts as may be necessary.

(2)

A Special Court shall consist of—

(a)

a single judge holding office as Session Judge or Additional Session Judge, in case of offences punishable under this Act with imprisonment of two years or more; and

(b)

a Metropolitan Magistrate or a Judicial Magistrate of the First Class, in the case of other offences,

who shall be appointed by the Central Government with the concurrence of the Chief Justice of the High Court within whose jurisdiction the judge to be appointed is working.

(1)

The Central Government may, for the purpose of providing speedy trial of offences under this Act trial of offences punishable under this Act with imprisonment of two years or more, by notification , establish or designate as many Special Courts as may be necessary.

Proviso

Provided that all other offences shall be tried, as the case may be, by a Metropolitan Magistrate or a Judicial Magistrate of the First Class having jurisdiction to try any offence under this Act or under any previous company law.

(2)

A Special Court shall consist of a single judge who shall be appointed by the Central Government with the concurrence of the Chief Justice of the High Court within whose jurisdiction the judge to be appointed is working.

(3)

A person shall not be qualified for appointment as a judge of a Special Court unless he is, immediately before such appointment, holding office of a Sessions Judge or an Additional Sessions Judge.

Notes, amendments & references (7)

435. Establishment of Special Courts Substituted vide Companies (Amendment) Act, 2017 dated 03.01.2018 effective from 7th May,2018.

To view commencement notification, Click Here

To view the notification of Companies Amendment Act,2017 Click Here

Substituted vide Companies (Amendment) Act, 2020 dated 28.09.2020 with effect from 22.01.2021. To view the Act, Click Here and to view the commencement notification, Click Here .

Central Government notifies certain courts as Special Courts for the purpose of trial of offences punishable with imprisonment of two years or more in terms vide notification dated 18/05/2016, 27/07/2016, 01/09/2016, 17/11/2016, 23/03/2017, 31/08/2017, 03/11/2017, 04/12/2017, 05/02/2018 ,23/04/2018, 05/09/2018, 17/07/2019, 28/08/2019,19/12/2019, 27/11/2020 and 19.08.2021. To view the notification, Click Here

substituted by the Companies (Amendment) Act, 2015 (21 of 2015), dated 25th May, 2015, with effect from 29th May 2015 vide notification S.O. 1440(E).To view the Act, Click Here

Provided that all other offences shall be tried, as the case may be, by a Metropolitan Magistrate or a Judicial Magistrate of the First Class having jurisdiction to try any offence under this Act or under any previous company law. inserted by the Companies (Amendment) Act, 2015 (21 of 2015), dated 25th May, 2015, with effect from 29th May 2015 vide notification S.O. 1440(E). To view the Act, Click Here