Section 69 of CA, 1957 : Section 69: Offences By Companies
CA, 1957
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Explanation using Example
Imagine a scenario where 'XYZ Music Company', a well-known music company, is found guilty of infringing the copyright of a popular song by illegally selling it without the original creator's permission. At the time of the offence, Mr. John, the CEO of the company, was in charge of the company's business. According to Section 69 of The Copyright Act, 1957, both the company and Mr. John could be deemed guilty of the offence and liable for punishment.
However, if Mr. John can prove that he was unaware of the offence or that he took all necessary precautions to prevent such an offence from occurring, he may not be held liable for punishment under this Act.
Furthermore, if it is proven that the offence was committed with the consent or due to the negligence of any other officer of the company, such as the manager, secretary, or a director, they too would be deemed guilty and liable for punishment.