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Chapter XXVIII - Special Courts

Section 443

Section 443: power of Central Government to appoint company prosecutors

Section 443 allows the Central Government to appoint one or more persons as company prosecutors to conduct prosecutions arising out of the Companies Act, 2013. Company prosecutors have all the powers and privileges that the Code of Criminal Procedure, 1973 confers on Public Prosecutors appointed under section 24 of that Code.

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This article is for general information. Refer to the Companies Act, 2013 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.

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Statutory text

Bare law

Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the Central Government may appoint generally, or for any case, or in any case, or for any specified class of cases in any local area, one or more persons, as company prosecutors for the conduct of prosecutions arising out of this Act and the persons so appointed as company prosecutors shall have all the powers and privileges conferred by the Code on Public Prosecutors appointed under section 24 of the Code.

Introduction

The power applies notwithstanding anything in the Code of Criminal Procedure, 1973. Appointments may be general, for any case, in any case, or for any specified class of cases in any local area.

The section commenced on 12 September 2013 under S.O. 2754(E). The India Code consolidated text shows no amendment, and the text matches the 2013 Gazette.

Key takeaways

1

Who appoints

The Central Government.

2

Flexible scope

Appointments may be general, case-specific, or for a specified class of cases in a local area.

3

Public Prosecutor powers

Company prosecutors have the powers and privileges of Public Prosecutors appointed under section 24 of the Code.

What the section says

Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the Central Government may appoint generally, or for any case, or in any case, or for any specified class of cases in any local area, one or more persons as company prosecutors for the conduct of prosecutions arising out of the Act. Persons so appointed have all the powers and privileges conferred by the Code on Public Prosecutors appointed under section 24 of the Code.

Why it matters

Prosecutions for offences under the Act are conducted by persons the Central Government appoints for that purpose. A company or officer facing a prosecution under the Act will usually find a company prosecutor appearing for the prosecution.

Practical preparation

On receiving summons in a prosecution under the Act, note who appears for the prosecution and under what appointment; keep the case papers and the company’s compliance records ready; consider whether the offence is compoundable under section 441 before trial; take advice on the defence early.

Practical checklist

Do

  • Engage counsel as soon as summons is received.
  • Keep compliance records that answer the allegation.

Avoid

  • Do not ignore summons in a prosecution under the Act.
  • Do not assume a prosecution under the Act is a civil matter.

Illustrative example

Hypothetical: a prosecution for a filing offence

The Registrar files a complaint against a company and its officers for an offence under the Act. A company prosecutor appears for the prosecution.

  1. Appointment

    The prosecutor acts under an appointment made by the Central Government under section 443.

  2. Powers

    The prosecutor has the powers and privileges of a Public Prosecutor under the Code.

  3. Defence

    The company prepares its defence, or considers compounding where the Act allows it.

Outcome

  • The prosecution proceeds with the company prosecutor in charge.

Glossary

Company prosecutor
A person appointed by the Central Government under section 443 to conduct prosecutions arising out of the Act.
Public Prosecutor
A prosecutor appointed under section 24 of the Code of Criminal Procedure, 1973.

Frequently asked questions

Who conducts prosecutions under the Companies Act, 2013?

The Central Government may appoint company prosecutors under section 443 for the conduct of prosecutions arising out of the Act.

What powers does a company prosecutor have?

All the powers and privileges conferred by the Code of Criminal Procedure, 1973 on Public Prosecutors appointed under section 24 of that Code.

Need help applying this provision to your situation?

Contact Bizeneed

Last updated 12 October 2026