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Section435
The Companies Act, 2013

Establishment of Special Courts

In force From 01 Apr 2014 Act 18 of 2013 As on 17 Oct 2026

Act 18 of 2013 Ministry Corporate Affairs Enacted 29 Aug 2013 In force 01 Apr 2014 Cited by 3 provisions Instruments 17

Section 435 of the Companies Act, 2013 deals with establishment of Special Courts. The Central Government may, for the purpose of providing speedy trial of [offences under this Act, except under section 452], establish or designate as many Special Courts as may be necessary. The Act came into force on 01 Apr 2014.

1[435. Establishment of Special Courts.--(1) The Central Government may, for the purpose of providing speedy trial of 2[offences under this Act, except under section 452], 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.]

Section 435, The Companies Act, 2013 (Act 18 of 2013).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

This section refers to

  1. s. 452 Punishment for wrongful withholding of property

Referred to by 3

  1. s. 2 Definitions
  2. s. 436 Offences triable by Special Courts
  3. Limited Liability Partnership Act s. 67A Establishment of Special Courts

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. Serious Fraud Investigation Office vs Vivek Harivyasi

    Supreme Court of India 27 Mar 2019 Binding (SC) - Supreme Court Full Authority Reportable

    Court's Decision & Legal Precedent

    The time period stipulated in Section 212(3) of the Companies Act, 2013 for submission of investigation report by SFIO to the Central Government is purely directory and not mandatory. Therefore, expiry of such stipulated period does not terminate SFIO's mandate or its power to arrest. The mandate continues until completion of investigation and submission of final investigation report under Section 212(12). SFIO's arrest authority under Section 212(8) is not circumscribed by any time limit. In habeas corpus proceedings, the legality of detention is to be examined on the date of return/hearing, and if valid orders directing detention exist on that date, habeas corpus cannot be granted. Remand orders passed by competent judicial authorities are judicial functions and cannot be challenged through habeas corpus petitions.

    On this section: Establishment of Special Courts for speedy trial of offences under Companies Act

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Made under this section, and citing it

13 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.

Another 4 instruments name this provision in its title or its text without being made under it.

All subordinate legislation

Questions about Section 435

What have the courts held on Section 435 of the Companies Act?

Serious Fraud Investigation Office vs Vivek Harivyasi (27 Mar 2019) is the leading judgment on this section among those set out below: Establishment of Special Courts for speedy trial of offences under Companies Act.

How do I find court cases under Section 435 of the Companies Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Companies Act 435, section 435 Companies Act, section 435 of the Companies Act. People searching for it also type 435 companies act 2013. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Serious Fraud Investigation Office vs Vivek Harivyasi (27 Mar 2019).

What should I read with Section 435 of the Companies Act, and has it changed?

Its own text turns on section 452 (Punishment for wrongful withholding of property), so none of them can safely be read on its own. 3 other provisions in this corpus refer back to it. The rules and notifications made under it are where it actually bites, and there are 13: most recently SO 1242(E) Designation of Special Court in State of Jharkhand dated 15.03.2023 (2023), then S.O. NO. 2099 Special court notification for the State of Jharkhand dated 05.05.2022 (2022), and 11 more.

When did Section 435 of the Companies Act come into force?

Section 435 of the Companies Act, cited as Companies Act 435, came into force on 01 Apr 2014, having been enacted on 29 Aug 2013. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 17 Oct 2026. This page is not a substitute for legal advice.