Chapter VIII OFFENCES AND PENALTIES

Where it is established in the prosecution of an offence that the accused acted as a Good Samaritan and provided emergency care to another person who is experiencing an injury after the commission of such offence, the Court shall, while determining the penalty to be imposed on the accused, if any, taken into account of such assistance rendered by the accused.

Act, is guilty of an offence and in case of non-compliance or violation of any of the provisions of this

Act, a complaint shall be filed with the concerned Deputy Commissioner of Police or an equivalent officer and shall be subject to disciplinary action as per the appropriate rules with appropriate arrangements made to receive and dispose of such complaints in a timely manner.

(1) Where an offence under Chapter IV of this Act has been committed by a company, every person who, at the time the offence was committed was in charge of and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if the said person proves that the offence took place without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence punishable under Chapter IV of this Act, has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation:- For the purposes of this section,- (a) "Company" means a company incorporated under the Companies Act, 2013 (Central Act 18 of 2013), or any previous company law; and (b) "director" means a director appointed to the board of a company as defined by the Companies

1. (2) Notwithstanding anything contained in sub-section (1), where any offence punishable under Chapter IV of this Act, has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation:- For the purposes of this section,-
   • (a) "Company" means a company incorporated under the Companies Act, 2013 (Central Act 18 of 2013), or any previous company law; and
   • (b) "director" means a director appointed to the board of a company as defined by the Companies

Offences by Societies or Trusts.- (1) Where an offence under Chapter IV of this Act has been committed by a society or a trust, every person who, at the time the offence was committed, was in charge of, and was responsible to, the society or trust for the conduct of the business of the society or trust, as well as the society or trust, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

1. (2) Notwithstanding anything contained in sub-section (1), where an offence under Chapter IV of this Act has been committed by a society or trust and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary, trustee or other officer of the society or trust, such director, manager, secretary, trustee or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.- For the purposes of this section:-
   • (a) "Society" means anybody corporate registered under the Societies Registration Act, 1860(Central Act 21 of 1860) and "trust" means anybody registered under the Indian Trust Act, 1882(Central Act 02 of 1882) or any other law for the time being in force; and
   • (b) "director" in relation to society or trust, means a member of its governing board other than an ex-officio member representing the interests of the Central Government or State Government.

1. (1) Contravention of any of the provisions of Chapter IV of this Act shall be an offence punishable under this Act. (2) If an offence under Chapter IV of this Act leads to the death of an injured victim, it shall be considered to be a case of medical negligence and criminal proceedings may be initiated against the hospital. (3) The Hospital shall be liable to pay a fine which may extend to ten thousand rupees for the first offence, a fine which may extend to fifty thousand rupees for any second offence and a fine which may extend to five lakh rupees for any subsequent offence: Provided that nothing in this section shall prevent the authority concerned from revoking the license of a hospital if it deems this to be necessary in the case of serious or repeated negligence of offence.

this Act shall be an offence punishable under this Act.

1. (2) If an offence under Chapter IV of this Act leads to the death of an injured victim, it shall be considered to be a case of medical negligence and criminal proceedings may be initiated against the hospital.
2. (3) The Hospital shall be liable to pay a fine which may extend to ten thousand rupees for the first offence, a fine which may extend to fifty thousand rupees for any second offence and a fine which may extend to five lakh rupees for any subsequent offence: Provided that nothing in this section shall prevent the authority concerned from revoking the license of a hospital if it deems this to be necessary in the case of serious or repeated negligence of offence.

Lack of response by a medical professional in an emergency situation, where he is expected to provide care under Chapter IV of this Act, shall constitute "Professional Misconduct", under Chapter 7 of the Indian Medical Council (Professional

Cognizance of Offence.- (1) Offences under this Act, shall be non- cognizable and bailable.

1. (2) No court shall take cognizance of offence under this Act, unless a complaint is lodged or made by the prescribed Authority.

any person aggrieved by the order of appropriate authority or the prescribed authority may appeal to such Appellate Authority as may be prescribed within thirty days from the date of such orders.