Under which one of the following Sections of the Protection of Civil Rights Act, 1955 has 'offences by companies' been provided?

Question

UnlockIAS · Accepted Answer

Correct — C, Section 14. 'Offences by companies' is provided in Section 14 of the Protection of Civil Rights Act, 1955. It makes the persons in charge of, and responsible to, a company for the conduct of its business liable when an untouchability offence under the Act is committed by the company — the standard corporate-liability provision.

Why the other options are wrong — (a) Section 10 is 'Abetment of offence', punishing those who abet an untouchability offence — not corporate liability.  (b) Section 12 is 'Presumption by courts' — where a person is shown to practise untouchability against another of the same religion, the court presumes it was on the ground of untouchability. Not offences by companies.  (d) Section 16 gives the Act overriding effect over inconsistent provisions of other laws; it does not deal with offences by companies.

Concept: 'Offences by companies' clauses fix criminal liability on the natural persons running a company — typically the person who was in charge of and responsible to the company for the conduct of its business at the time — when the company commits an offence. In the Protection of Civil Rights Act, 1955 this provision is Section 14, sitting just before the good-faith protection clause (Section 14A).

State PCS 2018 Q89 — Indian Polity PYQ with Answer

State PCS 2018 Q89 — Indian Polity PYQ with Answer