Chapter XIV - Miscellaneous
Section 67A
Section 67A: Establishment of Special Courts
The Central Government may establish or designate Special Courts for speedy trial of LLP Act offences, with the judicial level depending on the imprisonment range.
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This article is for general information. Refer to the Limited Liability Partnership Act, 2008 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(1) The Central Government may, for the purpose of providing speedy trial of offences under this Act, by notification, establish or designate as many Special Courts as may be necessary for such area or areas, as may be specified in the notification. (2) The Special Court shall consist of— (a) a single Judge holding office as Sessions Judge or Additional Sessions Judge, in case of offences punishable under this Act with imprisonment of three years or more; and (b) a Metropolitan Magistrate or a Judicial Magistrate of the first class, in the case of other offences, who shall be appointed by the Central Government with the concurrence of the Chief Justice of the High Court: Provided that until Special Courts are designated or established under sub-section (1), the Courts designated as Special Courts in terms of section 435 of the Companies Act, 2013 (18 of 2013) shall be deemed to be Special Courts for the purpose of trial of offences punishable under this Act: Provided further that notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any offence committed under this Act, which is triable by a Special Court shall, until a Special Court is established under this Act or the Companies Act, 2013 (18 of 2013), be tried by a Court of Sessions or the Court of Metropolitan Magistrate or a Judicial Magistrate of the first class, as the case may be, exercising jurisdiction over the area.
Introduction
Check the area notification and the interim deemed-court and fallback-court provisos before selecting a trial forum.
Key takeaways
Government designation
Special Courts are established or designated by notification for specified areas.
Judge level
Three-year-or-more imprisonment cases go to Sessions level; other offences to Magistrate level.
Interim forum
The two provisos supply deemed and fallback courts pending establishment.
Classify the alleged offence
Check its maximum imprisonment and the LLP’s geographic area.
Confirm the forum
Read the Special Court notification and interim provisos.
Practical preparation
Classify the offence: Check whether its punishment falls in the three-years-or-more group or other-offence group.
Find the court: Check the Central Government designation for the relevant area.
Check interim provisos: If no LLP Special Court is established, apply the statutory deemed-court or interim-court proviso as relevant.
Practical checklist
Do
- Check its maximum imprisonment and the LLP’s geographic area.
- Read the Special Court notification and interim provisos.
Avoid
- Do not apply this section without checking its stated conditions and any prescribed rules.
Illustrative example
Hypothetical: section 67A in practice
A prosecution under the LLP Act needs to identify the proper Special Court.
Classify the offence
Check whether its punishment falls in the three-years-or-more group or other-offence group.
Find the court
Check the Central Government designation for the relevant area.
Check interim provisos
If no LLP Special Court is established, apply the statutory deemed-court or interim-court proviso as relevant.
Outcome
- The forum depends on offence classification and the applicable designation or interim proviso.
Glossary
- Establishment of Special Courts
- The Central Government may establish or designate Special Courts for speedy trial of LLP Act offences, with the judicial level depending on the imprisonment range.
Frequently asked questions
What does section 67A address?
The Central Government may establish or designate Special Courts for speedy trial of LLP Act offences, with the judicial level depending on the imprisonment range.
What should be checked in practice?
Check the area notification and the interim deemed-court and fallback-court provisos before selecting a trial forum.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026