Write short notes on: (i) Offences triable by Special Courts.

Offences triable by Special Courts under the Companies Act, 2013 Section 436 of the Companies Act, 2013 (the Companies Act) provides the provisions related to Offences Triable by Special Courts. The relevant provision provides as under: According to section 436(1) of the Companies Act, 2013, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (CrPC) (a) all offences specified section 435(1) of the Companies 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 the Act is forwarded to a Magistrate under section 167(2) or 167(2A) of CrPC 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: It is further 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 CrPC 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 the Companies Act or upon a complaint in that behalf, take cognizance of that offence without the accused being committed to it for trial. According to section 436(2) of the Companies Act, when trying an offence under the Companies Act, a Special Court may also try an offence other than an offence under the Companies Act with which the accused may, under the CrPC be charged at the same trial. According to section 436(3) of the Companies Act, notwithstanding anything contained CrPC, the Special Court may, if it thinks fit, try in a summary way any offence under the Companies which is punishable with imprisonment for a term not exceeding three years. Offences triable by Prevention of Money-laundering Act, 2002 Section 44 of the Prevention of Money-laundering Act, 2002 (PMLA) provides the provisions related to Offences Triable by Special Courts. The relevant provision provides as under. According to section 44(1) of PMLA, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (CrPC) - (a) an offence punishable under section 4 of PMLA and any scheduled offence connected to the offence under that section shall be triable by the Special Court constituted for the area in which the offence has been committed: It has been provided that the Special Court, trying a scheduled offence before the commencement of PMLA, shall continue to try such scheduled offence; or (b) a Special Court may, upon a complaint made by an authority authorised in this behalf under PMLA take cognizance of offence under section 3, without the accused being committed to for trial. It has been provided that after conclusion of investigation, if no offence of money-laundering is made out requiring filing of such complaint, the said authority shall submit a closure report before the Special Court; or (c) if the court which has taken cognizance of the scheduled offence is other than the Special Court which has taken cognizance of the complaint of the offence of money-laundering under sub-clause (b), it shall, on an application by the authority authorised to file a complaint under PMLA, commit the case relating to the scheduled offence to the Special Court and the Special Court shall, on receipt of such case proceed to deal with it from the stage at which it is committed. (d) a Special Court while trying the scheduled offence or the offence of money-laundering shall hold trial in accordance with the provisions of CrPC as it applies to a trial before a Court of Session. According to section 44(2) of PMLA, nothing contained in section 44 of PMLA shall be deemed to affect the special powers of the High Court regarding bail under section 439 of CrPC and the High Court may exercise such powers including the power under clause (b) of sub-section (1) of that section as if the reference to "Magistrate" in that section includes also a reference to a "Special Court" designated under section 43 of PMLA.