Offences triable by Special Courts
Section 436 of the Companies Act, 2013 deals with offences triable by Special Courts. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),-- (a) [all offences specified under sub-section (1) of section 435] shall be triable only by the Special Court established for the area in which the registered office of the company in relation to which the offen The Act came into force on 01 Apr 2014.
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),--
(a) 1[all offences specified under sub-section (1) of section 435] shall be triable only by the Special Court established for the area in which the registered office of the company in relation to which the offence is committed or where there are more Special Courts than one for such area, by such one of them as may be specified in this behalf by the High Court concerned;
(b) where a person accused of, or suspected of the commission of, an offence under this Act is forwarded to a Magistrate under sub-section (2) or sub-section (2A) of section 167 of the Code of Criminal Procedure, 1973 (2 of 1974), such Magistrate may authorise the detention of such person in such custody as he thinks fit for a period not exceeding fifteen days in the whole where such Magistrate is a Judicial Magistrate and seven days in the whole where such Magistrate is an Executive Magistrate:
Provided that where such Magistrate considers that the detention of such person upon or before the expiry of the period of detention is unnecessary, he shall order such person to be forwarded to the Special Court having jurisdiction;
(c) the Special Court may exercise, in relation to the person forwarded to it under clause (b), the same power which a Magistrate having jurisdiction to try a case may exercise under section 167 of the Code of Criminal Procedure, 1973 (2 of 1974) in relation to an accused person who has been forwarded to him under that section; and
(d) a Special Court may, upon perusal of the police report of the facts constituting an offence under this Act or upon a complaint in that behalf, take cognizance of that offence without the accused being committed to it for trial.
(2) When trying an offence under this Act, a Special Court may also try an offence other than an offence under this Act with which the accused may, under the Code of Criminal Procedure, 1973 (2 of 1974) be charged at the same trial.
(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the Special Court may, if it thinks fit, try in a summary way any offence under this Act which is punishable with imprisonment for a term not exceeding three years:
Provided that in the case of any conviction in a summary trial, no sentence of imprisonment for a term exceeding one year shall be passed:
Provided further that when at the commencement of, or in the course of, a summary trial, it appears to the Special Court that the nature of the case is such that the sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the Special Court shall, after hearing the parties, record an order to that effect and thereafter recall any witnesses who may have been examined and proceed to hear or rehear the case in accordance with the procedure for the regular trial.
Section 436, 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
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.
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Serious Fraud Investigation Office vs Vivek Harivyasi
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: Jurisdiction of Special Courts - offences triable only by Special Court for area where Registered Office of Company is located
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… In the opinion of this Court, all the sub-sections of Section 212 of the 2013 Act have to be harmoniously read together as they are all not only inter-connected but dependent upon each other as well. <span id="page-38-0"></span> SECTION 436 OF THE COMPANIES ACT, 2013: 50. Section 436[40]( page-38-1) which deals with the offences triable by a Special Court, irrespective of what is contained in the Cr.P.C., is another relevant provision of the 2013 Act for the adjudication of the present petition. CRL.M.C. 298/2023 Page 39 of 102 <span …
Questions about Section 436
What have the courts held on Section 436 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: Jurisdiction of Special Courts - offences triable only by Special Court for area where Registered Office of Company is located.
How do I find court cases under Section 436 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 436, section 436 Companies Act, section 436 of the Companies Act. People searching for it also type 436 companies act. 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 436 of the Companies Act, and has it changed?
Its own text turns on section 435 (Establishment of Special Courts), so none of them can safely be read on its own.
When did Section 436 of the Companies Act come into force?
Section 436 of the Companies Act, cited as Companies Act 436, 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
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- 143. Powers and duties of auditors and auditing standards1867 words
- 230. Power to compromise or make arrangements with creditors and members1432 words
- 232. Merger and amalgamation of companies1416 words
- 149. Company to have Board of Directors1403 words
- 217. Procedure, powers, etc., of inspectors1390 words
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 14 Oct 2026. This page is not a substitute for legal advice.