Section 84:
Offences by companies and others.
(1) Where an offence under this Act has been committed by
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 any
punishment provided in this Act if he proves that the offence was committed without his knowledge or that
he had exercised 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 neglect 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 company incorporated under the Companies Act, 1956 (1 of 1956), and
includes a body corporate, a firm or other association of individuals;
(b) "director" in relation to a firm means a partner in the firm.
(3) Where an offence under this Act has been committed by a Hindu undivided family, the karta thereof
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 the karta liable to any punishment if he
proves that the offence was committed without his knowledge or that he had exercised all due diligence to
prevent the commission of such offence:
Provided further that, where an offence under this Act has been committed by a Hindu undivided family
and it is proved that the offence has been committed with the consent or connivance of, or is attributable to
any neglect on the part of, any adult member of the Hindu undivided family, such member shall also be
deemed to be guilty of that offence and shall be liable to be proceeded against and on conviction punished
accordingly.