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Chapter XIV - Miscellaneous

Section 67B

Section 67B: Procedure and powers of Special Court

A Special Court tries specified offences for the LLP’s registered-office area, may try connected offences, and may use summary procedure within the statutory limits.

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This article is for general information. Refer to the Limited Liability Partnership Act, 2008 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.

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Statutory text

Bare law

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), all offences specified under sub-section (1) of section 67A shall be triable only by the Special Court established or designated for the area in which the registered office of the limited liability partnership is situated in relation to which the offence is committed or where there are more than one Special Courts for such area, by such one of them as may be specified in this behalf by the High Court concerned. (2) While 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 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 re-hear the case in accordance with the procedure for the regular trial.

Introduction

A summary conviction cannot carry imprisonment above one year; the Court must switch to regular trial when the statutory circumstances require it.

Key takeaways

1

Territorial forum

Ordinarily the registered-office area determines the Special Court.

2

Connected offences

The Court may try a connected non-LLP Act offence in the same trial.

3

Summary limits

Summary trial is available for offences up to three years, with a one-year imprisonment cap on summary conviction.

Check venue

Use the LLP’s registered office and any High Court allocation among multiple Special Courts.

Check trial mode

If a longer sentence appears necessary or summary trial is undesirable, the Court hears parties, records an order and proceeds to regular trial.

Practical preparation

Locate jurisdiction: Use the LLP’s registered-office area and any High Court allocation where multiple Special Courts exist.

Assess joint trial: Check whether another offence may be charged at the same trial under the Code.

Check summary limits: For an eligible offence, apply the one-year summary-sentence limit and the regular-trial transition if needed.

Practical checklist

Do

  • Use the LLP’s registered office and any High Court allocation among multiple Special Courts.
  • If a longer sentence appears necessary or summary trial is undesirable, the Court hears parties, records an order and proceeds to regular trial.

Avoid

  • Do not apply this section without checking its stated conditions and any prescribed rules.

Illustrative example

Hypothetical: section 67B in practice

An LLP Act offence is charged and the court considers a summary trial.

  1. Locate jurisdiction

    Use the LLP’s registered-office area and any High Court allocation where multiple Special Courts exist.

  2. Assess joint trial

    Check whether another offence may be charged at the same trial under the Code.

  3. Check summary limits

    For an eligible offence, apply the one-year summary-sentence limit and the regular-trial transition if needed.

Outcome

  • The Special Court applies section 67B’s forum and trial rules, including the summary-trial safeguards.

Glossary

Procedure and powers of Special Court
A Special Court tries specified offences for the LLP’s registered-office area, may try connected offences, and may use summary procedure within the statutory limits.

Frequently asked questions

What does section 67B address?

A Special Court tries specified offences for the LLP’s registered-office area, may try connected offences, and may use summary procedure within the statutory limits.

What should be checked in practice?

A summary conviction cannot carry imprisonment above one year; the Court must switch to regular trial when the statutory circumstances require it.

Need help applying this provision to your situation?

Contact Bizeneed

Last updated 10 October 2026