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Section 16 – The Environment (Protection) Act, 1986

The Environment (Protection) Act, 1986

 

 

16. OFFENCES BY COMPANIES.

 

(1) Where any offence under this Act has been committed by a company, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :

 

Provided that nothing contained in this sub-section shall render any such person liable to any punishment provide in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

 

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

 

EXPLANATION : For the purposes of this section –

 

(a) “company” means any body corporate and includes a firm or other association of individuals;

 

(b) “director”, in relation to a firm, means a partner in the firm.

 

COMMENTS

 

Vicarious criminal liability

 

It is well settled principle of law that vicarious criminal liability cannot be attached unless all the conditions for fastening such liability are proved; Municipal Corporation of India v. Dev Raj, 1985 FAJ 156 Del DB.

 

 

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The Environment (Protection) Act, 1986

 

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