Section 20. Offences

CHAPTER V 2 [MISCELLANEOUS] 3[ 20. Offences . — (1) Without prejudice to any award of penalty by the adjudicating officer 4[or the Board] under this Act, if any person contravenes or attempts to contravene or abets the contravention of the provisions of this Act or of any rules or regulations or bye-laws made thereunder, he shall be punishable with imprisonment for a term which may extend to ten years, or with fine, which may extend to twenty-five crore rupees, or with both. (2) If any person fails to pay the penalty imposed by the[5] [adjudicating officer or the Board or fails to comply with any] directions or orders, he shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to ten years, or with fine, which may extend to twentyfive crore rupees, or with both.] 1. Ins. by Act 13 of 2018, s. 199 (w.e.f. 8-3-2019). 2. Subs. by s. 200, ibid.., for "PENALTY" (w.e.f. 8-3-2019). 3. Subs. by Act 1 of 2005, s. 18, for section 20 (w.e.f. 12-10-2004). 4. Ins. by Act 13 of 2018, s. 201 (w.e.f. 8-3-2019). 5. Subs. by s. 201, ibid., for "adjudicating officer or fails to comply with any of his" (w.e.f. 8-3-2019). 21.[1] [Contravention by companies] . — (1) Where[2] [a contravention of any of the provisions of this Act or any rule, regulation, direction or order made thereunder] has been committed by a company, every person who at the time the[3] [contravention] was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the[3] [contravention] 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[2] [a contravention of any of the provisions of this Act or any rule, regulation, direction or order made thereunder] this Act has been committed by a company and it is proved that the[3] [contravention] 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 the[3] [contravention] and shall be liable to be proceeded against and punished accordingly. Explanation. — For the purposes of this section, — (a ) "company" means any body corporate and includes a firm or other association of individuals; and (b) "director", in relation to a firm, means a partner in the firm. [ CHAPTER VI .— MISCELLANEOUS ] Omitted by the Finance Act, 2018 (13 of 2018), s . 203 ( w.e.f. 8-32019).] 4 [22. Cognizance of offences by courts.— (1) No court shall take cognizance of any offence punishable under this Act or any rules or regulations or bye-laws made thereunder, save on a complaint made by the Central Government or State Government or the Securities and Exchange Board of India or by any person. 5* * * * *