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  3. Offences and Penalties, Prosecution and Compounding

Can a company be proceeded against or prosecuted for any offence under the MGL?

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Yes, Section 77 of the MGL provides that every person who was in-charge of or responsible to a company for the conduct of its business shall, along-with the company itself, be liable to be proceeded against and punished for an offence committed by the company while such person was in-charge of the affairs of the company. If any offence committed by the company—

  • Has been committed with the consent/ connivance of, or
  • Is attributable to negligence of—

Any officer of the company then such officer shall be deemed to be guilty of the said offence and liable to be proceeded against and punished accordingly.

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