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Companies Act Section 446A
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The Companies Act, 2013

Section 446A Factors for determining level of punishment

Chapter
XXVIII · Special Courts
Amendments
1
Inserted by Companies (Amendment) Act, 2017, s. 91, with effect from 9 February 2018446A. Factors for determining level of punishment.β€”
Inserted by Companies (Amendment) Act, 2017, s. 91, with effect from 9 February 2018The 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:β€”
Inserted by Companies (Amendment) Act, 2017, s. 91, with effect from 9 February 2018(a) size of the company;
Inserted by Companies (Amendment) Act, 2017, s. 91, with effect from 9 February 2018(b) nature of business carried on by the company;
Inserted by Companies (Amendment) Act, 2017, s. 91, with effect from 9 February 2018(c) injury to public interest;
Inserted by Companies (Amendment) Act, 2017, s. 91, with effect from 9 February 2018(d) nature of the default; and
Inserted by Companies (Amendment) Act, 2017, s. 91, with effect from 9 February 2018(e) repetition of the default.

Amendments to this section

  1. 1 Inserted by Companies (Amendment) Act, 2017, s. 91 (w.e.f. 9 February 2018).

All amendments to the Companies Act