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The Companies Act, 2013

Chapter XXVIII - Special Courts (435 - 446)

Section 435- Establishment of special courts.

[Notification Date: 18.05.2016; Effective from 18.05.2016] 

Section 435- Establishment of special courts. [New Provision]

(1) The Central Government may, for the purpose of providing speedy 1[trial of offences punishable under this Act with imprisonment of two years or more], by notification, establish or designate as many Special Courts as may be necessary.

Provided that all other offences shall be tried, as the case may be, by a Metropolitan Magistrate or a Judicial Magistrate of the First Class having jurisdiction to try any offence under this Act or under any previous company law. [Provisio inserted by The Companies (Amendment) Act, 2015 w.e.f. 29.05.2015].

(2) A Special Court shall consist of a single judge who shall be appointed by the Central Government with the concurrence of the Chief Justice of the High Court within whose jurisdiction the judge to be appointed is working.

(3) A person shall not be qualified for appointment as a judge of a Special Court unless he is, immediately before such appointment, holding office of a Sessions Judge or an Additional Sessions Judge.


1. Substituted for the words "trial of offences under this Actby The Companies (Amendment) Act, 2015 w.e.f. 29.05.2015.

2.In exercise of the powers conferred by sub-section (1) of section 435 of the Companies Act, 2013 (18 of 2013), the Central Government hereby, after obtaining the concurrence of the respective Chief Justices of the High Courts, designates the following Courts mentioned in the Table below as Special Courts for the purposes of trial of offences punishable under the Companies Act, 2013 with imprisonment of two years or more in terms of section 435 of the Companies Act, 2013, vide Notification No. S.O 1796(E) dated 18.05.2016namely:- 

Sr. No

Existing Court

Jurisdiction as Special Court

(1)

(2)

(3)

1

Courts of Additional Special Judge, Anti-Corruption at Jammu and Srinagar

State of Jammu and Kashmir

2

Presiding Officers of Court No’s. 37 and 58 of the City Civil and Sessions Court, Greater Mumbai

State of Maharashtra

3

Court of Principal District and Sessions Judge, Union territory of Dadra and Nagar Haveli at Silvassa.

Union Territories of Dadra and Nagar Haveli and Daman and Diu

4

Court of District Judge-1 and Additional Sessions Judge, Panaji.

State of Goa

5

Court of Principal District and Sessions Judge, Ahmedabad (Rural), situated at Mirzapur, Ahmedabad.

State of Gujarat

6

9 th Additional Sessions Judge, Gwalior Madhya Pradesh.

State of Madhya Pradesh

7

Court of Additional District and Session Judge, Port Blair, Andaman and Nicobar Islands.

Union territory of Andaman and Nicobar Islands.

8

2nd Special Court, Calcutta.

State of West Bengal

The aforesaid Courts mentioned in column number (2) shall exercise the jurisdiction as Special Courts in respect of jurisdiction mentioned in column number (3).