Chapter: 2.2 Offences and Penalties

Offences and Penalties

The offences are triable by a metropolitan magistrate or a magistrate of the first class.

Description of the Offence    -      Whoever contravenes any of the provisions of this Act or the rules made thereunder.

Punishment      -      In the case of a first conviction, with imprisonment which may extend to six months) or with fine, or with both; (b) in the case of a subsequent conviction, with imprisonment which may extend to one year, or with fine, or with both.

Additionally, where a person has been convicted by any court for contravening any provision of this Act or any rule made thereunder, the court may direct that any document (including all copies thereof), article or thing, in respect of which the contravention is made, including the contents thereof where such contents are seized under clause fib) of subsection (1) of section 8, shall be forfeited to the Government.]

In the event that the Offence has been committed by a company / firm, then every person who, at the time of offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company / firm, 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.

The provisions of the Code of Criminal Procedure, shall, so far as may be, apply to any search or seizure under this Act as they apply to any search or seizure made under the authority of a warrant issued under section 98 of the said Code.