Section 446A: Factors for determining level of punishment
This section is for guiding the court in determining the level of punishment for a company under the Act.
The section, clause by clause
What the section says
In plain terms
The court or the Special Court, while deciding the amount of fine or imprisonment under this Act, shall have due regard to the following factors, namely:—
(a)size of the company;
(b)nature of business carried on by the company;
(c)injury to public interest;
(d)nature of the default; and (e) repetition of the default.
The right-hand column is written from the section text, not quoted from it, and it has no legal force. Where the two differ, the left-hand column is the law.
Amendment notes
- 1. Ins. by Act 1 of 2018, s. 91 (w.e.f. 9-2-2018).
- 2. Subs. by Act 29 of 2020, s. 62, for section 446B (w.e.f. 22-1-2021).
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Reproduced from the official India Code print for reference. Check the current text on India Code before you rely on it, and read the section alongside its Rules. Nothing here is legal advice.