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Section 15: Offences by companies.

The Official Secrets Act, 1923Central Act · Act 19 of 1923

[15. Offences by companies.-- (1) If the person committing an offence under this Act is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to such punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercied all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any negligence on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation.For the purposes of this section,

(a) "company" means a body corporate and includes a firm or other association of individual; and

(b) "director", in relation to a firm, means a partner in the firm.]

Where this provision sits

ActThe Official Secrets Act, 1923
Section15
Marginal noteOffences by companies.
JurisdictionCentral
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Act 24 of 1967. . Subs. by Act 24 of 1967, s. 12, for section 15.

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