Corporate liability for offences extends to persons in charge and officers, while a due diligence defence remains available. Offences by corporate entities render both the entity and persons in charge of its business liable; officers whose consent, connivance or negligence is proved are also deemed guilty. The provision applies mutatis mutandis to partnership firms, LLPs, HUFs and trusts, treating partners, the karta or managing trustee as responsible. A person is not liable if he proves lack of knowledge of the offence or that he exercised all due diligence to prevent it. Definitions clarify that company includes firms or associations and that director, for a firm, means a partner.
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Provisions expressly mentioned in the judgment/order text.
Corporate liability for offences extends to persons in charge and officers, while a due diligence defence remains available.
Offences by corporate entities render both the entity and persons in charge of its business liable; officers whose consent, connivance or negligence is proved are also deemed guilty. The provision applies mutatis mutandis to partnership firms, LLPs, HUFs and trusts, treating partners, the karta or managing trustee as responsible. A person is not liable if he proves lack of knowledge of the offence or that he exercised all due diligence to prevent it. Definitions clarify that company includes firms or associations and that director, for a firm, means a partner.
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