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Corporate criminal liability extends to officers and partners; consent, connivance or negligence triggers individual responsibility. Offences by a company render both the company and every person who was in charge of and responsible for its business at the time liable; officers who consented, connived or whose negligence contributed are also deemed guilty. The definition of company includes firms and associations, and for firms a director means a partner. The same rules apply to partnership firms, LLPs, HUFs and trusts, making partners, kartas or managing trustees liable, subject to a defence where the person proves lack of knowledge or that all due diligence was exercised to prevent the offence.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
<h1>Corporate criminal liability extends to officers and partners; consent, connivance or negligence triggers individual responsibility.</h1> Offences by a company render both the company and every person who was in charge of and responsible for its business at the time liable; officers who consented, connived or whose negligence contributed are also deemed guilty. The definition of company includes firms and associations, and for firms a director means a partner. The same rules apply to partnership firms, LLPs, HUFs and trusts, making partners, kartas or managing trustees liable, subject to a defence where the person proves lack of knowledge or that all due diligence was exercised to prevent the offence.
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