Offences by companies.

General202020 sections5 chapters

Chapter IV Chapter IV

Statutory text

(1) If the person contravening any of the provision of this Act is a company, every person, who at the time of the commission of such offence, was in-charge of and responsible to the company for the conduct of the business of the company, as well as the company, shall be liable to be punished as per the provisions of this Act: Provided that nothing contained in this Act shall render any such person liable for punishment, if he proves that such act was committed without his knowledge or that he exercised all due diligence to prevent the commission of such act.
(2) Subject to provisions of Section 11(1) of this Act, where a company contravenes any provision of this Act it shall be presumed that such contravention has been committed with the consent or connivance of, or is attributable to any gross negligence on the part of, the director(s), manager(s), secretaries or other officer(s) of the company and such director(s), manager(s), secretaries or other officer(s) shall also be liable to be punished.
(3) Where a company is an accused, provisions of Section 305 of Code of Criminal Procedure, 1973 (2 of 1974) shall be applicable. Explanation - For the purposes of this Section -
- (a) "company" means any 'body corporate' and includes a firm or other association of individuals, organizations etc.; and
- (b) "director", in relation to a firm, means a partner in the firm.

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