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.
3 Answers from Attorneys
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.
Re: Liability of Company for Criminal Offence
The person who is the authority to sign will be liable.
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.
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