Meroz is accused for certain violations under SEBI Act, 1992. While prosecution is in progress, SEBI observed that she has been co-operating in the inquiry and has made full and true disclosure of facts in respect of the
CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · June 2024
Meroz is accused for certain violations under SEBI Act, 1992. While prosecution is in progress, SEBI observed that she has been co-operating in the inquiry and has made full and true disclosure of facts in respect of the alleged violations. Convinced by her behavior and approach, Board recommends Central Government to grant her immunity from prosecution for any offence. In this background, answer the following: Can Board make such recommendation to Central Government ? Is such recommendation binding on Central Government ? What if after getting immunity from prosecution for such offence, Central Government came to know that true disclosure made by her to Board were actually false disclosure ?
Answer & Explanation:
Section 24B of the Securities and Exchange Board of India Act, 1992 (SEBI Act) (1) The Central Government may, on recommendation by the Board (SEBI), if the Central Government is satisfied, that any person, who is alleged to have violated any of the provisions of this Act or the rules or the regulations made thereunder, has made a full and true disclosure in respect of the alleged violation, grant to such person, subject to such conditions as it may think fit to impose, immunity from prosecution for any offence under this Act, or the rules or the regulations made thereunder or also from the imposition of any penalty under this Act with respect to the alleged violation: Provided that no such immunity shall be granted by the Central Government in cases where the proceedings for the prosecution for any such offence have been instituted before the date of receipt of application for grant of such immunity: Provided further that recommendation of the SEBI under this sub-section shall not be binding upon the Central Government. (2) An immunity granted to a person under sub-section (1) may, at any time, be withdrawn by the Central Government, if it is satisfied that such person had, in the course of the proceedings, not complied with the condition on which the immunity was granted or had given false evidence, and thereupon such person may be tried for the offence with respect to which the immunity was granted or for any other offence of which he appears to have been guilty in connection with the contravention and shall also become liable to the imposition of any penalty under this Act to which such person would have been liable, had not such immunity been granted. In view of the above, it can be said that: (i) Yes, Board can recommend Central Government to grant Meroz immunity from prosecution initiated for violations under the SEBI Act, 1992. (ii) No, recommendation of the SEBI under this section 24B shall not be binding upon the Central Government. (iii) If Central Government is satisfied that Meroz in the course of the proceedings had given false evidence, immunity granted may be withdrawn at any time by the Central Government and thereupon such person may be tried for the offence with respect to which the immunity was granted or for any other offence of which he appears to have been guilty in connection with the contravention and shall also become liable to the imposition of any penalty under SEBI Act to which such person would have been liable, had not such immunity been granted.
Topics: SEBI Act, 1992
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