436. Offences triable by Special Courts
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973,—
(a) all offences under this Act shall be triable 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 or where there are more Special Courts than one for such area, by
such one of them as may be specified in this behalf by the High Court concerned;
(b) where a person accused of, or suspected of the commission of, an offence
under this Act is forwarded to a Magistrate under sub-section (2) or sub-section (2A)
of section 167 of the Code of Criminal Procedure, 1973, such Magistrate may authorise
the detention of such person in such custody as he thinks fit for a period not exceeding
fifteen days in the whole where such Magistrate is a Judicial Magistrate and seven
days in the whole where such Magistrate is an Executive Magistrate:
Provided that where such Magistrate considers that the detention of such person
upon or before the expiry of the period of detention is unnecessary, he shall order such
person to be forwarded to the Special Court having jurisdiction;
(c) the Special Court may exercise, in relation to the person forwarded to it under
clause (b), the same power which a Magistrate having jurisdiction to try a case may
exercise under section 167 of the Code of Criminal Procedure, 1973 in relation to an
accused person who has been forwarded to him under that section; and
(d) a Special Court may, upon perusal of the police report of the facts constituting
an offence under this Act or upon a complaint in that behalf, take cognizance of that
offence without the accused being committed to it for trial.
(2) When trying an offence under this Act, a Special Court may also try an offence
other than an offence under this Act with which the accused may, under the Code of Criminal
Procedure, 1973 be charged at the same trial.
(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the
Special Court may, if it thinks fit, try in a summary way any offence under this Act which is
punishable with imprisonment for a term not exceeding three years:
Provided that in the case of any conviction in a summary trial, no sentence of
imprisonment for a term exceeding one year shall be passed:
Provided further that when at the commencement of, or in the course of, a summary
trial, it appears to the Special Court that the nature of the case is such that the sentence of
imprisonment for a term exceeding one year may have to be passed or that it is, for any other
reason, undesirable to try the case summarily, the Special Court shall, after hearing the
parties, record an order to that effect and thereafter recall any witnesses who may have been
examined and proceed to hear or rehear the case in accordance with the procedure for the
regular trial.