Legal Question in Criminal Law in India

Liability of Company for Criminal Offence

Whether a company can be held criminaly liable for offences committed under section 138 Negotiable Instruments Act. If yes then what sort of penal sanction or punishment can be imposed on it.


Asked on 6/23/05, 12:27 am

3 Answers from Attorneys
Rajasekar K.S

Re: Liability of Company for Criminal Offence

A company when commits criminal offence u/s138 can be made liable by bringing in those who are responsible for the conduct of the company.

Read more
Answered on 6/28/05, 3:47 am
Raja Selvam Selvam & Selvam, Advocates & Consultants

Re: Liability of Company for Criminal Offence

The person who is the authority to sign will be liable.

Read more
Answered on 6/23/05, 9:35 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Liability of Company for Criminal Offence

Since the penal provision of offence u/s.138 provides for punishment in terms of imprisonment or fine, a company can be prosecuted for that offence. However, when penal provision has compulsory imprisonment, then a jural person like company can not be prosecuted for such offences.

Read more
Answered on 6/24/05, 1:02 am


Related Questions & Answers

More Criminal Law questions and answers in India