Amended and updated notes on section 446A of the Companies Act 2013. Detail discussion on provisions and rules related to provisions for factors for determining level of punishment.
Chapter XXVII (Sections 435 – 446B) of the Companies Act, 2013 (CA 2013) deals with the provisions related to special courts. Section 446A of CA 2013 provides for provisions relating to factors for determining level of punishment..
Recently, we have discussed in detail section 446 (Application of fines) of CA 2013. Today, we learn the provisions of section 446A of the CA 2013.
The provisions of section 446A are effective from 9th February, 2018. You may refer the Finance Act 2017. In this.article, you will learn detail of the provisions of section 446A of the Companies Act 2013.
| Name of Act | The Companies Act 2013 |
|---|---|
| Enacted by | Parliament of India |
| Administered by | Ministry of Corporate Affairs (MCA) |
| Number of Chapters | 29 |
| Number of Sections | 484 (470-43+57) |
| Number of Schedules | 7 |
| You are reading: | |
| Chapter No. | XXVIII |
| Chapter Name | Special Courts |
| Section No. | 446A |
| Section Name | Factors for determining level of punishment |
| Monthly Updated Edition | Company Law PDF |
Section 446A of Companies Act 2013: Factors for determining level of punishment
Section 446A inserted by the Finance Act 2017 w.e.f. 9.2.2018
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.