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Section440
The Companies Act, 2013

Transitional provisions

In force From 01 Apr 2014 Act 18 of 2013 As on 15 Oct 2026

Act 18 of 2013 Ministry Corporate Affairs Enacted 29 Aug 2013 In force 01 Apr 2014 Instruments 1

Section 440 of the Companies Act, 2013 deals with transitional provisions. Any offence committed under this Act, which is triable by a Special Court shall, until a Special Court is established, be tried by a [Court of Session or the Court of Metropolitan Magistrate or a Judicial Magistrate of the First Class, as the case may be] exercising jurisdiction over the area, notwi The Act came into force on 01 Apr 2014.

Any offence committed under this Act, which is triable by a Special Court shall, until a Special Court is established, be tried by a 1[Court of Session or the Court of Metropolitan Magistrate or a Judicial Magistrate of the First Class, as the case may be] exercising jurisdiction over the area, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974):

Provided that nothing contained in this section shall affect the powers of the High Court under section 407 of the Code to transfer any case or class of cases taken cognizance by a 1[Court of Session or the Court of Metropolitan Magistrate or a Judicial Magistrate of the First Class, as the case may be] under this section.

Section 440, The Companies Act, 2013 (Act 18 of 2013).

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.

  1. High Court 11 Apr 2018 KLHC010375492016

    … The offence under Section 447 of the Companies Act is punishable with imprisonment up to 10 years. This escaped the notice of the learned magistrate. So, the case should not have been taken as a Summary Trial case. After the learned magistrate decided to issue process to accused 1 to 5, a notification under Section 440 of the Companies Act was issued conferring jurisdiction on Sessions Court for trial of the offences under the Act till a special court was established. So, the learned magistrate converted the proceedings into a committal proceedings, the number being CP No. 7 of 2016. - 4.Now, a special court has been …

    Read this order on eCourtsIndia

Made under this section, and citing it

1 instrument names this provision in its title or its text without being made under it.

All subordinate legislation

Questions about Section 440

What does Section 440 of the Companies Act deal with?

Section 440 of the Companies Act is headed "Transitional provisions". Any offence committed under this Act, which is triable by a Special Court shall, until a Special Court is established, be tried by a [Court of Session or the Court of Metropolitan Magistrate or a Judicial Magistrate of the First Class, as the case may be] exercising jurisdiction over the area, notwi

How do I find court cases under Section 440 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 440, section 440 Companies Act, section 440 of the Companies Act. People searching for it also type 440 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 440 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 440 of the Companies Act come into force?

Section 440 of the Companies Act, cited as Companies Act 440, 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 15 Oct 2026. This page is not a substitute for legal advice.