Key functionary liability expands for offences by non-individual entities, with due diligence and lack of knowledge defences available. Liability for offences committed by a person other than an individual is extended to the person itself and to every key functionary who was in charge of and responsible for the conduct of the business. A key functionary is not liable if the offence was committed without knowledge or despite due diligence to prevent it. Separate liability also arises where the offence is proved to have been committed with consent, connivance, or neglect attributable to a key functionary.
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.
Key functionary liability expands for offences by non-individual entities, with due diligence and lack of knowledge defences available.
Liability for offences committed by a person other than an individual is extended to the person itself and to every key functionary who was in charge of and responsible for the conduct of the business. A key functionary is not liable if the offence was committed without knowledge or despite due diligence to prevent it. Separate liability also arises where the offence is proved to have been committed with consent, connivance, or neglect attributable to a key functionary.
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