Section 26C in The Securities and Exchange Board of India Act, 1992

Title: Appeal and revision

Description: 1[26C. Appeal and revision.-- The High Court may exercise, so far as may be applicable, all the powers conferred by Chapters XXIX and XXX of the Code of Criminal Procedure, 1973 (2 of 1974) on a High Court, as if a Special Court within the local limits of the jurisdiction of the High Court were a Court of Session trying cases within the local limits of the jurisdiction of the High Court.] 1. Ins. by Act 27 of 2014, s. 20 (w.e.f. 18-7-2013)

Title: Application of Code to proceedings before Special Court

Description: 1[26D. Application of Code to proceedings before Special Court.-- (1) Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply to the proceedings before a Special Court and for the purposes of the said provisions, the Special Court shall be deemed to be a Court of Session and the person conducting prosecution before a Special Court shall be deemed to be a Public Prosecutor within the meaning of clause (u) of section 2 of the Code of Criminal Procedure, 1973 (2 of 1974). (2) The person conducting prosecution referred to in sub-section (1) should have been in practice as an advocate for not less than seven years or should have held a post, for a period of not less than seven years, under the Union or a State, requiring special knowledge of law.] 1. Ins. by Act 27 of 2014, s. 20 (w.e.f. 18-7-2013).

Title: Transitional provisions

Description: 1[26E. Transitional provisions.-- Any offence committed under this Act, which is triable by a Special Court shall, until a Special Court is established, be taken cognizance of and tried by a Court of Session exercising jurisdiction over the area, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974): Provided that nothing contained in this section shall affect the powers of the High Court under section 407 of the Code of Criminal Procedure, 1973 (2 of 1974) to transfer any case or class of cases taken cognizance by a Court of Session under this section.] 1. Ins. by Act 27 of 2014, s. 20 (w.e.f. 18-7-2013)

Title: Contravention by companies

Description: 1[Contravention by companies].--(1) Where 2[a contravention of any of the provisions of this Act Act or any rule, regulation, direction or order made thereunder] an offence under this Act has been committed by a company, every person who at the time the 3[contravention] was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the 3[contravention] was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an 3[contravention] under this Act has been committed by a company and it is proved that the 3[contravention] has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the 3[contravention] and shall be liable to be proceeded against and punished accordingly. Explanation.--For the purposes of this section,-- (a) "company" means any body corporate and includes a firm or other association of individuals; and (b) "director", in relation to a firm, means a partner in the firm. 1. Subs. by Act 13 of 2018, s. 188, for marginal heading (w.e.f. 8-3-2019). 2. Subs. by s. 188, ibid., for "an offence under this Act" (w.e.f. 8-3-2019). 3. Subs. by s. 188, ibid., for "offence" (w.e.f. 8-3-2019).

Title: Omitted

Description: [Power to exempt.] Omitted by the Securities Laws (Amendment) Act, 1995 (9 of 1995), s. 15 (w.e.f. 25-1-1995).

CHAPTER 7 MISCELLANEOUS