section 11
Offences by companies.
The Promotion and Regulation of Online Gaming Act, 2025Criminal202521 sections5 chapters
Chapter V OFFENCES AND PENALTIES
Statutory text
- (1) Where an offence 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 that part of the business of the company as well as the company, shall be liable to be proceeded against and punished accordingly.
- (2) Nothing contained in sub-section (1) shall render any such person liable to be proceeded against and punished accordingly under 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.
- (3) Notwithstanding anything contained in sub-section (1), where an offence under 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 be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing in this sub-section shall hold an independent director or a non-executive director of a company who is not involved in the actual decision making, liable for such offence. Explanation.—For the purposes of this section, the expressions—
- (a) “company” means a body corporate, and includes—
- (i) a firm; and
- (ii) an association of persons or a body of individuals whether incorporated or not; and
- (b) “director”, in relation to—
- (i) a firm, means a partner in the firm;
- (ii) any association of persons or a body of individuals, means any member controlling its affairs thereof.
- (a) “company” means a body corporate, and includes—
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