COGNIZANCE OF OFFENCES [ Sec 134 ]
§Courts inferior than Magistrate of the First Class shall not declare the judgment for any offence committed under this act .
PRESUMPTION OF CULPABLE MENTAL STATE [ Sec 135 ]
§Any offence under this act will be presumed to be done in a culpable mental state by the court.
§However, the accused can defend himself by proving the fact he was not in such mental state.
§A fact is said to be proved only when the court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability.
RELEVANCY OF STATEMENTS UNDER CERTAIN CIRCUMSTANCES [ Sec 136 ]
A statement signed by a person during the course of proceeding is relevant for proving the truth of the facts in any prosecution for an offence under this act.
§When the person who made the statement is :
oDead or cannot be found oIncapable of providing evidences
oRestricted by the adverse party oPresence of the person requires time or expenses involved for presenting the person, is considered unreasonable by the court .
§When the person who made the statement is considered as a witness by the court , the statement should be produced as a evidence in interest if the justice.
- OFFENCES BY COMPANIES [ SEC 137 ]
- Offence committed by a company Every person who at the time of offence being committed was responsible for the conduct of the business of the company shall be deemed to be guilty .
- Proceedings shall be conducted accordingly.
- If proved that the offence was committed with the consent of the key managerial persons or negligence on their part , they shall also be deemed to be guilty.
§Offence by Partnership Firm or LLP or a HUF or a Trust
•The partners or karta or the managing trustee shall be deemed to guilty for offence committed under this act.
•If proved the offence was committed without their knowledge or measures were exercised to stop such offence then they shall not be held liable