Section 436 — Offences triable by Special Courts

(1) Notwithstanding anything contained in the Code of
Criminal Procedure, 1973 (2 of 1974),—
(a) 3[all offences specified under sub-section (1) of section 435] shall be triable only by the Special
Court established or designated 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 (2 of 1974), such Magistrate ma y 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 (2 of 1974) 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 (2 of 1974) be
charged at the same trial.
(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), 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