The Companies Act
446AFactors for determining level of punishment
1[446A. Factors for determining level of punishment-- The 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:--
(a) size of the company;
(b) nature of business carried on by the company;
(c) injury to public interest;
(d) nature of the default; and
(e) repetition of the default.]
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1. Ins. by Act 1 of 2018, s. 91 (w.e.f. 9-2-2018)
SPECIAL COURTS
- 435 Establishment of Special Court
- 436 Offences triable by Special Courts
- 437 Appeal and revision
- 438 Application of Code to proceedings before Special Court
- 439 Offences to be non-cognizable
- 440 Transitional provisions
- 441 Compounding of certain offences
- 442 Mediation and Conciliation Panel
- 443 Power of Central Government to appoint company prosecutor
- 444 Appeal against acquittal
- 445 Compensation for accusation without reasonable cause
- 446 Application of fines
- 446A Factors for determining level of punishment
- 446B Lesser penalties for One Person Companies or small companies