Punishment for false statement
Section 448 of the Companies Act, 2013 deals with punishment for false statement. Save as otherwise provided in this Act, if in any return, report, certificate, financial statement, prospectus, statement or other document required by, or for, the purposes of any of the provisions of this Act or the rules made thereunder, any person makes a statement,-- (a) which is false in any m The Act came into force on 01 Apr 2014.
Save as otherwise provided in this Act, if in any return, report, certificate, financial statement, prospectus, statement or other document required by, or for, the purposes of any of the provisions of this Act or the rules made thereunder, any person makes a statement,--
(a) which is false in any material particulars, knowing it to be false; or
(b) which omits any material fact, knowing it to be material,
he shall be liable under section 447.
Section 448, The Companies Act, 2013 (Act 18 of 2013).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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CMA Ashwin Solanki v. The State of Maharashtra & Anr.
Court's Decision & Legal Precedent
Section 448 is widely worded to cover any certificate and any person; where the complaint avers that a certificate required under the Act (here a s.148(1) cost-records certificate) is false in material particulars and was issued knowing it to be false, the ingredients of s.448 are prima facie made out and knowledge is a matter for trial — High Court will not quash issuance of process at that stage.
On this section: Applies s.448’s false-statement offence to a Cost Auditor’s s.148(1) certificate, clarifying that knowledge of falsity is an element to be proved at trial and that wide wording (‘any certificate’ / ‘any person’) sustains process.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… It is pertinent note that the relevancy of Section 448 of the 2013 Act is to be seen once there is/ are any such statement(s) made for the purpose specified thereof. It should also be noted that Section 448 of the 2013 Act is a saving clause. <span id="page-42-1"></span> SECTION 452 OF THE COMPANIES ACT, 2013: 57. Section 452(1) of the 2013 Act provides for punishment if it is found that any officer or employee of a Company wrongfully obtains possession of any property or cash or on having possession of …
Made under this section, and citing it
40 instruments name this provision in its title or its text without being made under it.
- 1. G.S.R No. 36(E) Companies Registration of Foreign Companies Amendment Rules 2023 dated 20.01.2023Rule 2023
- G.S.R 40(E) Companies (Accounts) Amendment Rules, 2023Rule 2023
- G.S.R No. 37(E) Companies Prospectus and Allotment of Securities Amendment Rules 2023 dated 20.01.2023Rule 2023
- G.S.R No. 38(E) Companies Appointment and Qualification of Directors Amendment Rules 2023 dated 20.01.2023Rule 2023
- G.S.R No. 39(e) Companies Authorized to Register Amendment rules 2023 dated 19.01.2023Rule 2023
- G.S.R. NO. 41(E) Companies Appointment and Remuneration of Managerial Personnel Amendment Rules 2023 dated 19.01.2023Rule 2023
- G.S.R. NO. 43(E) Companies share capital and debentures amendment rules 2023 dated 21.01.2023Rule 2023
- G.S.R. NO. 44(E) companies (Management and Administration) amendment rules 2023 dated 21.01.2023Rule 2023
- G.S.R. NO. 45(E) companies registration offices and fees amendment rules 2023 dated 20.01.2023Rule 2023
- G.S.R. NO. 46(E) companies Miscellaneous rules 2023 dated 20.01.2023Rule 2023
- Companies (Incorporation) Amendment Rules 2022Rule 2022
- Companies Accounts Amendment Rules 2022Rule 2022
- G.S.R. NO. 662(E) The Companies (Appointment and Qualification of Directors) Third Amendment Rules, 2022 dated 29.08.2022Rule 2022
- G.S.R. NO. 663(E) The Companies (Acceptance of Deposits) Amendment Rules, 2022 dated 29.08.2022Rule 2022
- G.S.R. NO. 664(E) The Companies (Registration of Charges) Second Amendment Rules, 2022 dated 29.08.2022Rule 2022
- G.S.R. 159(E)-Companies (Management and Administration) Amendment Rules, 2021Rule 2021
- G.S.R. 396 (E)-Investor Education and Protection Fund Authority (Accounting, Audit, Transfer and Refund) Amendment Rules, 2021Rule 2021
- G.S.R. 40(E)-Companies (CSR) Amendment Rules dt 22.01.2021Rule 2021
- G.S.R. 91(E)-Companies (Incorporation) 2nd Amendment Rules 2021Rule 2021
- NIDHI (Amdt) Rules 2020Rule 2020
- Companies (Acceptance of Deposits),Amendment Rules, 2019Rule 2019
- Companies (Incorporation) 6th Amendment Rules, 2019Rule 2019
- Companies (Incorporation) Amendment Rules, 2019.Rule 2019
- Companies (Prospectus and Allotment of Securities) Third Amendment Rules, 2019Rule 2019
- Companies (Registration of Charges) Amendment Rules, 2019Rule 2019
- Companies (Significant Beneficial Owners) second Amendment Rules, 2019Rule 2019
- Companies (Significant Beneficial Ownership) Amendment Rules, 2019.Rule 2019
- Nidhi (Amendment) Rules, 2019Rule 2019
- the Investor Education and Protection FundAuthority (Accounting, Audit, Transfer and Refund)Second Amendment Rules, 2019Rule 2019
- Companies (Acceptance of Deposits)Rule 2018
- Companies (Acceptance of Deposits) Amendment Rules, 2018.Rule 2018
- Companies (Appointment and Qualification of Directors)Rule 2018
- Companies (Appointment and Qualification of Directors) 3rd Amendment Rules, 2018.Rule 2018
- Companies (Appointment and Qualification of Directors) 4th Amendment Rules, 2018.Rule 2018
- Companies (Appointment and Qualification of Directors) Fifth Amendment Rules, 2018Rule 2018
- Companies (Audit and Auditors) Amendment Rules, 2018Rule 2018
- Companies (Audit and Auditors) Amendment Rules, 2018Rule 2018
- Companies (Authorised to Register ) Amendment Rules, 2018Rule 2018
- Companies (Authorised to Register) Second Amendment Rules, 2018Rule 2018
- Companies (Incorporation) 4th Amendment Rules,2018Rule 2018
Questions about Section 448
What have the courts held on Section 448 of the Companies Act?
CMA Ashwin Solanki v. The State of Maharashtra & Anr. (15 Mar 2023) is the leading judgment on this section among those set out below: Applies s.448’s false-statement offence to a Cost Auditor’s s.148(1) certificate, clarifying that knowledge of falsity is an element to be proved at trial and that wide wording (‘any certificate’ / ‘any person’) sustains process.
How do I find court cases under Section 448 of the Companies Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Companies Act 448, section 448 Companies Act, section 448 of the Companies Act. People searching for it also type companies act 2013 section 448. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with CMA Ashwin Solanki v. The State of Maharashtra & Anr. (15 Mar 2023).
What should I read with Section 448 of the Companies Act, and has it changed?
Its own text turns on section 447 (Punishment for fraud), so none of them can safely be read on its own. 40 instruments name it without being made under it, most recently 1. G.S.R No. 36(E) Companies Registration of Foreign Companies Amendment Rules 2023 dated 20.01.2023 (2023), then G.S.R 40(E) Companies (Accounts) Amendment Rules, 2023 (2023).
When did Section 448 of the Companies Act come into force?
Section 448 of the Companies Act, cited as Companies Act 448, came into force on 01 Apr 2014, having been enacted on 29 Aug 2013. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions5089 words
- 143. Powers and duties of auditors and auditing standards1867 words
- 230. Power to compromise or make arrangements with creditors and members1432 words
- 232. Merger and amalgamation of companies1416 words
- 149. Company to have Board of Directors1403 words
- 217. Procedure, powers, etc., of inspectors1390 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.