IBC 236 — Trial of offences by Special Court

Insolvency & Bankruptcy Code, 2016

Statutory text

(1)  Notwithstanding  anything  in  the  Code  of  Criminal Procedure,  1973 (2  of  1974),  offences  under  this  Code  shall  be  tried  by  the  Special  Court  established under Chapter XXVIII of the Companies Act, 2013 (18 of 2013).
(2)  No  Court  shall  take  cognizance  of  any  offence  punishable  under  this  Act,  save  on  a  complaint made  by  the  Board  or  the  Central  Government  or  any  person  authorised  by  the  Central  Government  in this behalf.
(3)  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 and the person conducting a prosecution before a Special Court shall be deemed to be a Public Prosecutor.
(4)  Notwithstanding  anything  contained  in  the  Code  of  Criminal  Procedure,  1973,  in  case  of  a complaint under sub-section (2), the presence of the person authorised by the Central Government or the Board before  the  Court trying the  offences shall not be  necessary unless the  Court requires  his  personal attendance at the trial.

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