Section 33 of the Arms Act, 1959: Offences by Companies
Section 33 of the Arms Act, 1959 deals with criminal liability where an offence under the Act is committed by a company. It identifies when the company itself, persons responsible for its business, and specified officers may be proceeded against and punished.
(1) Whenever an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, or 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 under this Act if he proves that the offence was committed without his knowledge and 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 be 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; and
(b) "director", in relation to a firm, means a partner in the firm.
What Section 33 means
Section 33 is a provision dealing with liability for offences committed through a company or similar business organisation. Liability is not confined to the corporate entity. Depending on the facts, individuals connected with management or conduct of the business may also be proceeded against.
| Person or entity | When Section 33 may apply |
|---|---|
| Company | The company may be proceeded against when an offence under the Arms Act is committed by it. |
| Person in charge or responsible for business | Sub-section (1) covers a person who, when the offence was committed, was in charge of or responsible to the company for conduct of its business. |
| Director, manager, secretary or other officer | Sub-section (2) applies where the offence is proved to have occurred with that person's consent or connivance, or is attributable to that person's neglect. |
Defence under Section 33(1)
The proviso to sub-section (1) protects a person from punishment if that person proves both that the offence was committed without his knowledge and that he exercised all due diligence to prevent its commission. The provision therefore expressly recognises a statutory defence based on absence of knowledge together with due diligence.
Consent, connivance or neglect under Section 33(2)
Sub-section (2) separately addresses directors, managers, secretaries and other officers. Such an officer may be deemed guilty where it is proved that the company's offence was committed with the officer's consent or connivance, or was attributable to neglect on the officer's part.
Definitions in the Explanation
For Section 33, the word "company" is broader than an incorporated company. It includes a body corporate, a firm and another association of individuals. In relation to a firm, "director" means a partner of that firm.
Related provisions of the Arms Act, 1959
This page provides the statutory text and a general explanation for legal information. Application of the provision depends on the facts of each case and the relevant underlying offence.