Section 85 of ITA, 2000 : Section 85: Offences By Companies

Explanation using Example

Let's consider a hypothetical scenario where an online retail company, ShopFast Inc., is found to be violating certain provisions of the Information Technology Act, 2000, by selling customer data without their consent. According to Section 85 of the Act, both the company, ShopFast Inc., and the person in charge of the company at the time of the contravention, let's say the CEO, Mr. John Doe, would be held guilty of this contravention.

However, if Mr. Doe can prove that he was unaware of this violation or that he had taken all necessary precautions to prevent such a violation, he may not be held liable.

On the other hand, if it is proven that this data selling practice occurred with the consent or due to the negligence of any director, manager, secretary, or any other officer of ShopFast Inc., that individual would also be considered guilty of the contravention. For example, if the company's data manager, Mrs. Jane Smith, knew about and allowed this practice, she would also be liable to be proceeded against and punished accordingly.