Discuss: Whether an offence punishable under the relevant provisions of the Companies Act, 2013 with 'imprisonment or fine', if repeated within a period of three years results into a mandatory imprisonment for the defaul
CS Professional · Multidisciplinary Case Studies · PYQS · June 2019
Discuss: Whether an offence punishable under the relevant provisions of the Companies Act, 2013 with 'imprisonment or fine', if repeated within a period of three years results into a mandatory imprisonment for the defaulters and whether the same can be compounded or not?
Answer & Explanation:
Section 451 of the Companies Act, 2013 provides that if a company or an officer of a company commits an offence punishable either with fine or with imprisonment and where the same offence is committed for the second or subsequent occasions within a period of three years, then, that company and every officer thereof who is in default shall be punishable with twice the amount of fine for such offence in addition to any imprisonment provided for that offence. However, according to section 441(6) of the Companies Act, 2013 any offence which is punishable with imprisonment only or with imprisonment and also with fine are not compoundable, but any offence which is punishable with imprisonment or fine, or with imprisonment or fine or with both, are compoundable.
Topics: Company Law
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