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Section 457: Nondisclosure of information in certain cases

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Act 2013
Section 456 All 470 Sections of Companies Act Section 458
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Company Sec 2(20) Director Sec 2(34) Tribunal Sec 2(90)

Legal Commentary & Landmark Judgments: Section 457

Section 457 protects the confidentiality of official records and statutory disclosures, restricting the compulsory production or discovery of information obtained under the Act save where disclosure is necessary for prosecution or in the public interest.

  • Statutory Privilege and Secrecy: Protects information, documents, and statements collected during RoC investigations, SFIO probes, or inspections from general public disclosure or discovery.
  • Exception for Criminal Prosecution: Permits disclosure of confidential records where necessary for instituting or conducting prosecutions under the Companies Act or other economic offences.
  • Public Interest Disclosure Threshold: Authorizes the Central Government or Tribunal to permit disclosure only when satisfied that overriding public interest or statutory administration mandates disclosure.
Key Landmark Precedents:
  • Serious Fraud Investigation Office v. Bhushan Steel Ltd., 2019 SCC OnLine Del 8816: Upheld the confidentiality of ongoing SFIO investigative records and forensic reports, holding that premature third-party disclosure under civil discovery prejudices criminal prosecution.
  • State of Punjab v. Sodhi Sukhdev Singh, AIR 1961 SC 493: Established the doctrine of state privilege and non-disclosure regarding internal investigative reports and administrative communications where disclosure harms public interest.
  • S.P. Gupta v. Union of India, 1981 Supp SCC 87: Clarified the parameters of public interest immunity, holding that statutory non-disclosure provisions protect official working while remaining subject to constitutional balancing.
Courtroom Practice & Strategic Litigation Guidance:

When opposing third-party discovery or RTI applications seeking copies of interim RoC inspection reports or SFIO statements in commercial civil litigation, invoke Section 457 to assert statutory confidentiality and state privilege against disclosure.

Section 456 All 470 Sections of Companies Act Section 458