Section 436 of CA 2013 : Section 436: Offences Triable By Special Courts

CA 2013

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Explanation using Example

Imagine a scenario where a company's director is accused of fraud related to the company's finances. The registered office of the company is located in Mumbai, which falls under the jurisdiction of a Special Court established to try offences under the Companies Act, 2013.

According to Section 436(1)(a), this financial fraud offence, specified under Section 435(1), must be tried only by the Special Court in Mumbai. If there are multiple Special Courts in Mumbai, the High Court will specify which one will handle the case.

Under Section 436(1)(b), if the director is arrested and brought before a Magistrate, the Magistrate can authorize detention for up to fifteen days if he is a Judicial Magistrate, or seven days if an Executive Mag...

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