Section 445 of the Companies Act, 2013
Section 445 of the Companies Act, 2013 deals with the procedure for punishment in case of default by companies and their officers when an offence is triable by a Special Court.
⚖️ Text of Section 445:
"Notwithstanding anything contained in the Code of Criminal Procedure, 1973, all offences under this Act shall be tried 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 is located, and where a person is accused of offences under this Act along with other offences under any other law, the Special Court shall have jurisdiction to try such other offences also."
✅ Key Highlights:
Jurisdiction of Special Court:
All offences under the Companies Act are to be tried by the Special Court.
Jurisdiction is based on the location of the company’s registered office.
Concurrent Jurisdiction:
If an accused is charged with offences under this Act and any other law, the Special Court can try both sets of offences.
Overrides CrPC:
This section has an overriding effect over the Code of Criminal Procedure, 1973, for trial jurisdiction matters.
🎯 Objective:
To ensure that:
Company law offences are handled by dedicated courts (Special Courts),
Trials are expedited and centralized,
Multiplicity of proceedings is avoided in cases involving multiple laws.
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