Application of Code to proceedings before Special Court
Section 438 of the Companies Act, 2013 deals with application of Code to proceedings before Special Court. Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) 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 or the court of Metropolitan Magis The Act came into force on 01 Apr 2014.
Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply to the proceedings before a Special Court and for the purposes of the said provisions, the Special Court shall be 1[deemed to be a Court of Session or the court of Metropolitan Magistrate or a Judicial Magistrate of the First Class, as the case may be,] and the person conducting a prosecution before a Special Court shall be deemed to be a Public Prosecutor.
Section 438, The Companies Act, 2013 (Act 18 of 2013).
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 438
What does Section 438 of the Companies Act deal with?
Section 438 of the Companies Act is headed "Application of Code to proceedings before Special Court". Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) 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 or the court of Metropolitan Magis
How do I find court cases under Section 438 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 438, section 438 Companies Act, section 438 of the Companies Act. People searching for it also type 438 companies act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 438 of the Companies Act, and has it changed?
One instrument names it without being made under it, most recently commencement of section 2(29), sections 435 to 438 and 440 of Companies Act, 2013 (2016).
When did Section 438 of the Companies Act come into force?
Section 438 of the Companies Act, cited as Companies Act 438, 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
- 2. Definitions5089 words
- 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 16 Oct 2026. This page is not a substitute for legal advice.