"Companies Act, 2013 is mixture of both civil law as well as criminal law." Comment briefly.

CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · December 2019
"Companies Act, 2013 is mixture of both civil law as well as criminal law." Comment briefly.

Answer & Explanation:

The Companies Act, 2013 is mixture of both civil as well as criminal provisions with majority being criminal. The civil and criminal provisions under the Companies Act, 2013 can be identified by observing the language used by Act for consequences or non-compliances/contravention of its provisions. The words "liable to penalties" denote civil nature of non-compliances whereas the words "punishable with fine and/or imprisonment and/or both" denote criminal nature of non-compliances. The Act has clearly laid down the mechanism and the forum for speedy and smooth administration of judicial activities under the Act. The power of adjudication of civil non-compliances (defaults liable for penalties) is being vested with the ROC and the power of adjudication of criminal non-compliances (offences punishable with fine/ imprisonment) is being vested with the special courts with sub-delegation of power of compounding of offences to Regional Director and NCLT. Thus, the statement given in the question that "Companies Act, 2013 is mixture of both civil law well as criminal law" is correct.

Topics: Companies Act, 2013

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