Section 23J: Factors to be taken into account by the adjudicating officer.

The Securities Contracts (Regulation) Act, 1956Central Act · Act 42 of 1956

23J. [Factors to be taken into account while adjudging quantum of penalty.]--While adjudging the quantum of penalty under [section 12A or section 23-I], [the Securities and Exchange Board of India or the adjudicating officer] shall have due regard to the following factors, namely:--

(a) the amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a result of the default;

(b) the amount of loss caused to an investor or group of investors as a result of the default;

Where this provision sits

Act	The Securities Contracts (Regulation) Act, 1956
Section	23J
Marginal note	Factors to be taken into account by the adjudicating officer.
Jurisdiction	Central
Status	In 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 13 of 2019. . Subs. by Act 13 of 2019, s. 154, for "Factors to be taken into account by adjudicating officer" (w.e.f. 8-3-2019).
substituted. . Subs. by s. 154, ibid., for "section 23-I" (w.e.f. 8-3-2019).
substituted. . Subs. by s. 154, ibid., for "the adjudicating officer" (w.e.f. 8-3-2019).

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

Search 49,000+ Central and State enactments by what a provision says, not by its number
Jump from any section to every judgment that has applied it
Search 300 million+ Indian court records alongside the statute
Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Securities Contracts (Regulation) Act, 1956 is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.