Key to Investigation and Prosecution of Serious Frauds Relating to Companies (Practice and Procedures)

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Description
The Companies Act, 2013 came on the Statute Book after having received assent of President of India on 29 August 2013. It applies to companies incorporated under this Act or under any previous company law; insurance companies; banking companies; companies
engaged in the generation or supply of electricity; and such body corporate incorporated by any Act as the Central Government may notify, except in case of provisions which are inconsistent with specified Acts. Instances of fraud in relation to affairs of companies or body corporates are galore. For investigation and prosecution of such frauds or frauds relating to interests of companies or its shareholders or creditors or any other person, need was felt to form a special office. Initially, Central Government constituted Serious Fraud Investigation Office (SFIO) vide a resolution dated 2 July 2003. Under the new Act, Central Government has established this office in its new form vide notification dated 21 July 2015. It is significant to note that SFIO is not empowered to initiate an investigation suo moto. Only Central Government has been empowered to assign matters for investigation by this office. In the form of this work, a venture has been made to familiarize the reader of the procedure required to be adopted by the Union Ministry of Corporate Affairs for assignment of matters to SFIO for investigation of serious cases of fraud. Prosecution of such offenders is also the function of Public Prosecutor of SFIO. Special Courts have been constituted under the Act. In this book, the reader is going to familiarize himself as to what are the relevant provisions for investigation, prosecution and trial of such cases.
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Contents
Chapter 1 Setting up of Serious Fraud Investigation Office
Chapter 2. Investigation by SFIO
Chapter 3. Investigation into Affairs of Related Companies, etc
Chapter 4. Investigation as to Ownership of a Company
Chapter 5. Kind of Reports by Inspectors
Chapter 6. Submission of Investigation Report by SFIO to Central Government
Chapter 7. Liability of Directors and other Officers.
Chapter 8. Custodial Remand of Accused Person
Chapter 9. Bail or No Bail
Chapter 10. Bail-Bond & Surety Bond
Chapter 11. Initiation of Prosecution
Chapter 12. Special Courts
Chapter 13. Summoning of Accused Securing Appearance of Accused Before Court
Chapter 14. Trial of Summons-Case by Magistrate
Chapter 15. Relief to an Officer of Company in Certain Cases
Chapter 16. Trial by Special Court-Court of Session
Chapter 17. Charge
Chapter 18. Punishments
Chapter 19. Free Legal Aid
Chapter 20. Special Provisions
Chapter 21. Compounding of Certain Offence
Chapter 22. Recording of Evidence-In Absence of an Accused
Chapter 23. Summoning of Additional Accused by Magistrate or Special Court
Chapter 24. Appeals and Revision Petitions
Chapter 25. Copying Agency
Chapter 26. Plea Bargaining
Chapter 27. Mediation
Chapter 28. Leading Judgments
Chapter 29. Law of Evidence
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Author Details
Narender Kumar, Former District Judge (Commercial Court), Delhi