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447 Punishment for fraud.

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CHAPTER XXIX

Section 447 of Companies Act 2013

Without prejudice to any liability including repayment of any debt under this Act or any other law for the time being in force, any person who is found to be guilty of fraud, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to ten years and shall also be liable to fine which shall not be less than the amount involved in the fraud, but which may extend to three times the amount involved in the fraud:

Provided that where the fraud in question involves public interest, the term of imprisonment shall not be less than three years.

Explanation.—For the purposes of this section—

      i.        “fraud” in relation to affairs of a company or any body corporate, includes any act, omission, concealment of any fact or abuse of position committed by any person or any other person with the connivance in any manner, with intent to deceive, to gain undue advantage from, or to injure the interests of, the company or its shareholders or its creditors or any other person, whether or not there is any wrongful gain or wrongful loss;

     ii.        “wrongful gain” means the gain by unlawful means of property to which the person gaining is not legally entitled;

    iii.        “wrongful loss” means the loss by unlawful means of property to which the person losing is legally entitled.

Short Notes:

  • This section came into force from September 12, 2013.
  • It provides penalty for the person who is found to be guilty of fraud and this section also provides definition of fraud, wrongful gain and wrongful loss.

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