Section 223 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 223 says how an inspector reports. He may send interim reports, and must if the Central Government directs, and he must submit a final report when the investigation ends. Members, creditors and others whose interest is likely to be affected may apply to the Central Government for a copy, and a properly authenticated report is admissible in legal proceedings as evidence of what it contains.
An inspector may submit interim reports (and must if directed) and shall submit a final report to the Central Government. The Government decides whether reports are in writing or printed. Members, creditors or any other person whose interest is likely to be affected may apply for a copy. A report authenticated as the section requires is admissible in any legal proceeding as evidence. Section 212 reports (SFIO) are outside this section.
Interim and final reports: sub-section (1)
An inspector appointed under Chapter XIV "may, and if so directed by the Central Government shall, submit interim reports to that Government, and on the conclusion of the investigation, shall submit a final report to the Central Government".
| Report | Is it compulsory? | To whom |
|---|---|---|
| Interim report | Optional for the inspector; compulsory if the Central Government directs | Central Government |
| Final report | Compulsory on the conclusion of the investigation | Central Government |
The report goes to the Central Government only. It does not go to the company, the members or the public as of right. That is why sub-section (3) matters.
Sub-section (2) adds that every report "shall be in writing or printed as the Central Government may direct". The form is therefore set by the Government.
Who can get a copy: sub-section (3)
A copy of the report "may be obtained by members, creditors or any other person whose interest is likely to be affected by making an application in this regard to the Central Government". The consolidated text's footnote shows that the words "by members, creditors or any other person whose interest is likely to be affected" were inserted by Act 1 of 2018, with effect from 9 February 2018.
Points to note.
- The application is made to the Central Government, not to the inspector or the Registrar.
- The text says a copy "may be obtained". It does not say the Government must always supply one, and it does not set a time limit. The wording gives no automatic right, so an applicant should explain how his interest is likely to be affected.
- A company under investigation that is not a member or creditor of itself would fall within "any other person whose interest is likely to be affected".
If you want to obtain a report that affects your rights as a member or creditor, or you are a company preparing to respond to a report, our legal consultation team can help you frame the application and plan your response.
Authentication and evidence: sub-section (4)
The report "shall be authenticated either":
- (a) by the seal, if any, of the company whose affairs have been investigated; or
- (b) by a certificate of a public officer having the custody of the report, as provided under section 76 of the Indian Evidence Act, 1872.
If so authenticated, the report "shall be admissible in any legal proceeding as evidence in relation to any matter contained in the report".
Two notes on the text. Clause (a) reads "by the seal, if any". The footnote shows that "if any" was added by Act 21 of 2015, with effect from 29 May 2015, which recognised that a company may not have a seal. Second, the reference to the Indian Evidence Act, 1872 is as printed in the consolidated text. That Act has since been replaced by the Bharatiya Sakshya Adhiniyam, 2023, so confirm how the reference to section 76 of the old Act is read today.
Admissibility is not the same as proof. The section says the report is admissible as evidence in relation to matters in it. It does not say that everything in the report is established. A party against whom the report is used can still contest what it says, and the court or Tribunal will decide how much weight to give it.
What sub-section (5) excludes
"Nothing in this section shall apply to the report referred to in section 212." Section 212 is the SFIO investigation. So the rules here on copies and authentication do not extend to an SFIO report. For the wider picture, see SFIO investigation: when and how the Central Government orders it.
What happens after the report
Section 223 is only about the report. What the Central Government may do with it is in section 224. The Government may prosecute, may present a winding-up petition or an application under section 241, or may bring proceedings in the company's name, and may seek disgorgement where the report states that fraud has taken place. See section 224. The costs of the investigation and who bears them are in section 225.
Proposed change
We checked the Corporate Laws (Amendment) Bill, 2026 for a clause amending section 223 and found none. The Bill is pending and is not law as on 30 September 2026.
Practical examples
Example 1: interim report on direction. Halfway through an investigation, the Central Government directs the inspector to report on a specific issue. The inspector must submit an interim report.
Example 2: lender applies for a copy. A creditor whose loan to the company may be affected by the findings applies to the Central Government for a copy, stating how his interest is affected.
Example 3: report as evidence. The Central Government produces the final report, authenticated by a certificate of a public officer who holds it, in a prosecution. It is admissible as evidence of the matters in it. The accused can still challenge its contents.
Need help with an inspector's report?
If a report has been submitted about your company, or you want to see one that affects your position as a shareholder or lender, it helps to know what the report can be used for and what you can do in response. We can go through the report and the next steps with you through a legal consultation.
Key takeaways
- Interim reports are optional for the inspector but compulsory if the Central Government directs; a final report is compulsory.
- Reports go to the Central Government, which decides whether they are written or printed.
- Members, creditors and others whose interest is likely to be affected may apply for a copy.
- An authenticated report is admissible in any legal proceeding as evidence of what it contains.
- Reports under section 212 fall outside this section.
- The Bill, 2026 has no clause amending section 223.
Read next
- Section 224: Action on inspector's report
- Sections 225–226: Investigation expenses and winding up
- Section 217: Powers of inspectors
- Sections 206–212: Inspection, investigation and SFIO
Disclaimer: Based on the Companies Act, 2013 as amended up to 1 April 2021 (official consolidated text), read with later developments noted in the article; proposals in the Corporate Laws (Amendment) Bill, 2026 are pending and not law as on 30 September 2026. Verify current notifications and rules before acting.