Corporate liability for offences: responsible officials can be prosecuted unless they prove lack of knowledge or due diligence. Where a company commits an offence under the Act, the company and every person in charge and responsible for its business at the time are deemed guilty ... Summary
Corporate liability for offences: responsible officials can be prosecuted unless they prove lack of knowledge or due diligence.
Where a company commits an offence under the Act, the company and every person in charge and responsible for its business at the time are deemed guilty and liable; persons whose consent, connivance or negligence led to the offence - including directors, managers, secretaries or other officers - are also personally liable. The provision applies mutatis mutandis to partnership firms, LLPs, HUFs and trusts, treating partners, karta or managing trustees as liable, while a defence exists where the person proves lack of knowledge or that all due diligence was exercised to prevent the offence.
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