Trial by Special Court: insolvency offences must be tried in Special Courts under criminal procedure safeguards. Offences under the Insolvency and Bankruptcy Code must be tried by a Special Court with proceedings governed by the Code of Criminal Procedure, the Special Court being deemed a Court of Session and the prosecutor a Public Prosecutor. Cognizance lies only on a complaint by the Board, the Central Government or an authorised person, and the authorised complainant need not be personally present unless the Court orders attendance.
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Provisions expressly mentioned in the judgment/order text.
Trial by Special Court: insolvency offences must be tried in Special Courts under criminal procedure safeguards.
Offences under the Insolvency and Bankruptcy Code must be tried by a Special Court with proceedings governed by the Code of Criminal Procedure, the Special Court being deemed a Court of Session and the prosecutor a Public Prosecutor. Cognizance lies only on a complaint by the Board, the Central Government or an authorised person, and the authorised complainant need not be personally present unless the Court orders attendance.
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