Sections 443, 444 and 445 of the Companies Act, 2013: Company Prosecutors, Appeals Against Acquittal and Compensation

Sections 443, 444 and 445 form part of Chapter XXVIII of the Companies Act, 2013 dealing with Special Courts and connected criminal procedure. These provisions address the appointment of company prosecutors, appeals against acquittal in cases arising under the Act, and compensation where an accusation is made without reasonable cause.

Section 443 Section 444 Section 445 Current criminal procedure

Section 443 - Power of Central Government to appoint company prosecutors

Meaning: Section 443 authorises the Central Government to appoint one or more persons as company prosecutors for prosecutions arising under the Companies Act, 2013. The appointment may be general, for a particular case, for a specified class of cases, or for a local area.

The statutory provision gives a company prosecutor the powers and privileges conferred on a Public Prosecutor under the criminal procedure law referred to in the section. The section begins with a non-obstante clause, so it operates notwithstanding the procedural code mentioned in the enacted text.

This provision enables the Central Government to use designated prosecutors for offences under the Companies Act rather than depending only on the ordinary prosecution arrangement.

Section 444 - Appeal against acquittal

Meaning: Section 444 empowers the Central Government, in a case arising under the Companies Act, 2013, to direct a company prosecutor or authorise another person, by name or by virtue of office, to present an appeal against an order of acquittal passed by a court other than a High Court.

An appeal presented by the company prosecutor or other person so authorised is treated as validly presented to the appellate court. The provision therefore creates a specific statutory route for the Central Government to cause an acquittal under the Companies Act to be challenged.

Section 445 - Compensation for accusation without reasonable cause

Meaning: Section 445 provides for the criminal-procedure mechanism concerning compensation for an accusation made without reasonable cause to apply, with necessary modifications, before the Special Court or the Court of Session.

The enacted text of Section 445 refers to Section 250 of the Code of Criminal Procedure, 1973. Section 250 dealt with compensation where a Magistrate, after discharge or acquittal, considered that there was no reasonable ground for making the accusation.

Current-law note: The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) came into force on 1 July 2024 and repealed the Code of Criminal Procedure, 1973, subject to its savings provisions. The corresponding BNSS provision on compensation for accusation without reasonable cause is Section 273. Section 445 of the Companies Act should therefore be read with the current criminal-procedure framework and applicable savings, while the Companies Act's enacted wording should be checked in the latest official text before relying on it in a proceeding.

Practical effect of Sections 443 to 445

Together, these provisions support the prosecution framework under the Companies Act. Section 443 deals with who may conduct company prosecutions, Section 444 deals with the Central Government's authority to cause an appeal from an acquittal, and Section 445 addresses compensation where an accusation lacks reasonable cause.

Official legal resources

For the authoritative statutory text and subsequent amendments, refer to the Companies Act, 2013 published by the Ministry of Corporate Affairs. The Act is also available through the India Code portal. For the present criminal-procedure provision corresponding to former Section 250 CrPC, see the official text of the Bharatiya Nagarik Suraksha Sanhita, 2023, including Section 273.

Updated: 17 September 2026. This page is intended as general legal information. For a pending matter, verify the latest statutory text, notifications, amendments and applicable procedural provisions.