Application of Code to Proceedings Before Special Court Notified Date of Section:18/05/2016
438. Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973 shall apply to the proceedings before a Special Court and for the purposes of the said provisions, the Special Court shall be 1[deemed to be a Court of Session or the court of Metropolitan Magistrate or a Judicial Magistrate of the First Class, as the case may be,] and the person conducting a prosecution before a Special Court shall be deemed to be a Public Prosecutor.
Amendments
1. Substituted by the Companies (Amendment) Act, 2017 :- Amendment Effective From 7th May 2018
In section 438,
for the words "deemed to be a Court of Session"
the following words shall be substituted, namely :-
"deemed to be a Court of Session or the court of Metropolitan Magistrate or a Judicial Magistrate of the First Class, as the case may be,"