Corporate liability for offences: officers in charge may be held responsible, with a due-diligence defence and liability for gross negligence. Section 22 deems a company and every person in charge and responsible for the conduct of the company's business at the time an offence was committed to be guilty and liable to prosecution, subject to a defence of lack of knowledge or proof of due diligence to prevent the offence. It further provides that where an offence by a company is committed with the consent or connivance of, or is attributable to gross negligence by, any director, manager, secretary or other officer, that person shall also be deemed guilty. 'Company' includes firms and associations, and 'director' in a firm means a partner.
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.
Corporate liability for offences: officers in charge may be held responsible, with a due-diligence defence and liability for gross negligence.
Section 22 deems a company and every person in charge and responsible for the conduct of the company's business at the time an offence was committed to be guilty and liable to prosecution, subject to a defence of lack of knowledge or proof of due diligence to prevent the offence. It further provides that where an offence by a company is committed with the consent or connivance of, or is attributable to gross negligence by, any director, manager, secretary or other officer, that person shall also be deemed guilty. "Company" includes firms and associations, and "director" in a firm means a partner.
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