In Brief
The Supreme Court clarified the scope of jurisdiction for criminal trials under the Insolvency and Bankruptcy Code, 2016. The case turned on whether amendments to the Companies Act, 2013 (made after the Code's enactment) applied to prosecutions under the Code. The Court held that the reference to 'Special Court' in the Code's Section 236(1) was a 'legislation by incorporation'—meaning provisions were bodily lifted from the Companies Act and incorporated into the Code as it stood in 2016. Consequently, subsequent amendments to the Companies Act do not apply. Sessions Judges and Additional Sessions Judges retain jurisdiction to try all offences under the Code. The High Court's order quashing the prosecution was set aside and remitted for merit consideration.",
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