law: Companies Act, 2013 
  212.
  
    Investigation
  
  into affairs of Company by Serious Fraud Investigation Office.
  1.      Without prejudice to
  
  the provisions of section 210, where the Central Government is of the opinion,
  
  that it is necessary to investigate into the affairs of a company by the Serious
  
  Fraud Investigation Office—
  a.     
  
    on
  
  receipt of a report of the Registrar or inspector under section 208;
  b.    
  
    on
  
  intimation of a special resolution passed by a company that its affairs are
  
  required to be investigated;
  c.     
  
    in
  
  the public interest; or
  d.    
  
    on
  
  request from any Department of the Central Government or a State Government,
  
  the Central Government may, by order, assign the investigation into the affairs
  
  of the said company to the Serious Fraud Investigation Office and its Director,
  
  may designate such number of inspectors, as he may consider necessary for the
  
  purpose of such investigation.
  1.     
  2.      Where any case has
  
  been assigned by the Central Government to the Serious Fraud Investigation
  
  Office for investigation under this Act, no other investigating agency of
  
  Central Government or any State Government shall proceed with investigation in
  
  such case in respect of any offence under this Act and in case any such
  
  investigation has already been initiated, it shall not be proceeded further
  
  with and the concerned agency shall transfer the relevant documents and records
  
  in respect of such offences under this Act to Serious Fraud Investigation
  
  Office.
  3.      Where the
  
  investigation into the affairs of a company has been assigned by the Central
  
  Government to Serious Fraud Investigation Office, it shall conduct the
  
  investigation in the manner and follow the procedure provided in this Chapter;
  
  and submit its report to the Central Government within such period as may be
  
  specified in the order.
  4.      The Director, Serious
  
  Fraud Investigation Office shall cause the affairs of the company to be
  
  investigated by an Investigating Officer who shall have the power of the
  
  inspector under section 217.
  5.      The company and its
  
  officers and employees, who are or have been in employment of the company shall
  
  be responsible to provide all information, explanation, documents and
  
  assistance to the Investigating Officer as he may require for conduct of the
  
  investigation.
  6.      Notwithstanding
  
  anything contained in the Code of Criminal Procedure, 1973, the offences
  
  covered under sub-sections (5 ) and (6 ) of section 7, section 34,
  
  section 36, subsection (1 ) of section 38, sub-section (5 ) of
  
  section 46, sub-section (7 ) of section 56, subsection (10 ) of
  
  section 66, sub-section (5 ) of section 140, sub-section (4 ) of
  
  section 206, section 213, section 229, sub-section (1 ) of section 251,
  
  sub-section (3 ) of section 339 and section 448 which attract the
  
  punishment for fraud provided in section 447 of this Act shall be cognizable
  
  and no person accused of any offence under those sections shall be released on
  
  bail or on his own bond unless—
               
  
   i.        
  
    the
  
  Public Prosecutor has been given an opportunity to oppose the application for
  
  such release; and
              
  
   ii.        
  
    where
  
  the Public Prosecutor opposes the application, the court is satisfied that
  
  there are reasonable grounds for believing that he is not guilty of such
  
  offence and that he is not likely to commit any offence while on bail:
  Provided
  
  that a person, who, is under the age of sixteen years or is a woman or is sick
  
  or infirm, may be released on bail, if the Special Court so directs:
  Provided
  
  further that the Special Court shall not take cognizance of any offence
  
  referred to this sub-section except upon a complaint in writing made by—
               
  
   i.        
  
    the
  
  Director, Serious Fraud Investigation Office; or
              
  
   ii.        
  
    any
  
  officer of the Central Government authorised, by a general or special order in
  
  writing in this behalf by that Government.
  1.     
  2.     
  3.     
  4.     
  5.     
  6.     
  7.      The limitation on
  
  granting of bail specified in sub-section (6 ) is in addition to the
  
  limitations under the Code of Criminal Procedure, 1973 or any other law for the
  
  time being in force on granting of bail.
  8.      If the Director,
  
  Additional Director or Assistant Director of Serious Fraud Investigation Office
  
  authorised in this behalf by the Central Government by general or special order,
  
  has on the basis of material in his possession reason to believe (the reason
  
  for such belief to be recorded in writing) that any person has been guilty of
  
  any offence punishable under sections referred to in sub-section (6 ),
  
   he may arrest such person and shall, as soon as may be, inform him of the
  
  grounds for such arrest.
  9.      The Director,
  
  Additional Director or Assistant Director of Serious Fraud Investigation Office
  
  shall, immediately after arrest of such person under sub-section (8 ),
  
  forward a copy of the order, along with the material in his possession,
  
  referred to in that sub-section, to the Serious Fraud Investigation Office in a
  
  sealed envelope, in such manner as may be prescribed and the Serious Fraud
  
  Investigation Office shall keep such order and material for such period as may
  
  be prescribed.
  10.   Every person arrested
  
  under sub-section (8 ) shall within twenty-four hours, be taken to a
  
  Judical Magistrate or a Metropolitan Magistrate, as the case may be, having
  
  jurisdiction:
  Provided
  
  that the period of twenty-four hours shall exclude the time necessary for the
  
  journey from the place of arrest to the Magistrate's court.
  1.  
  2.  
  3.  
  4.  
  5.  
  6.  
  7.  
  8.  
  9.  
  10.  
  11.   The Central
  
  Government if so directs, the Serious Fraud Investigation Office shall submit
  
  an interim report to the Central Government.
  12.   On completion of the
  
  investigation, the Serious Fraud Investigation Office shall submit the
  
  investigation report to the Central Government.
  13.   Notwithstanding
  
  anything contained in this Act or in any other law for the time being in force,
  
  a copy of the investigation report may be obtained by any person concerned by
  
  making an application in this regard to the court.
  14.   On receipt of the
  
  investigation report, the Central Government may, after examination of the
  
  report (and after taking such legal advice, as it may think fit), direct the
  
  Serious Fraud Investigation Office to initiate prosecution against the company
  
  and its officers or employees, who are or have been in employment of the
  
  company or any other person directly or indirectly connected with the affairs
  
  of the company.
  15.   Notwithstanding
  
  anything contained in this Act or in any other law for the time being in force,
  
  the investigation report filed with the Special Court for framing of charges
  
  shall be deemed to be a report filed by a police officer under section 173 of
  
  the Code of Criminal Procedure, 1973.
  16.   Notwithstanding
  
  anything contained in this Act, any investigation or other action taken or
  
  initiated by Serious Fraud Investigation Office under the provisions of the
  
  Companies Act, 1956 shall continue to be proceeded with under that Act as if
  
  this Act had not been passed.
  17.  
  a.     
  
    In
  
  case Serious Fraud Investigation Office has been investigating any offence
  
  under this Act, any other investigating agency, State Government, police
  
  authority, income-tax authorities having any information or documents in
  
  respect of such offence shall provide all such information or documents
  
  available with it to the Serious Fraud Investigation Office;
  b.    
  
    The
  
  Serious Fraud Investigation Office shall share any information or documents
  
  available with it, with any investigating agency, State Government, police
  
  authority or income tax authorities, which may be relevant or useful for such
  
  investigating agency, State Government, police authority or income-tax
  
  authorities in respect of any offence or matter being investigated or examined
  
  by it under any other law.