Penalty for contraventions in relation to furnishing of information
Section 45 of the Competition Act, 2002 deals with penalty for contraventions in relation to furnishing of information. Without prejudice to the provisions of section 44, if a person, who furnishes or is required to furnish under this Act any particulars, documents or any information,-- (a) makes any statement or furnishes any document which he knows or has reason to believe to be false in any material particular; The Act came into force on 31 Mar 2003.
1[(1) Without prejudice to the provisions of section 44, if a person, who furnishes or is required to furnish under this Act any particulars, documents or any information,--
(a) makes any statement or furnishes any document which he knows or has reason to believe to be false in any material particular; or
(b) omits to state any material fact knowing it to be material; or
(c) wilfully alters, suppresses or destroys any document which is required to be furnished as aforesaid,
such person shall be punishable with fine which may extend to rupees one crore as may be determined by the Commission.]
(2) Without prejudice to the provisions of sub-section (1), the Commission may also pass such other order as it deems fit.
Section 45, The Competition Act, 2002 (Act 12 of 2003).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
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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Muthoot Finance Limited vs Competition Commission of India
Court's Decision & Legal Precedent
The Court quashed the CCI's order holding that the informant had prima facie contravened Section 45 by not disclosing an earlier complaint to SEBI, finding it was not a mere show-cause notice but one issued after recording a prima facie finding of contravention, and therefore could not be passed without first hearing the informant; the order also showed non-application of mind, since the CCI had itself told the Bombay High Court that the undisclosed SEBI complaint had no material impact on the information.
On this section: Requires the CCI, before recording even a prima facie finding of contravention of Section 45 for omitting material facts in information furnished under Section 19, to give the person concerned an opportunity of being heard; the availability of an NCLAT appeal under Section 53A did not bar writ relief.
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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… Moreover, the CCI contends that issuing notice to the corporate debtor in the resolution process is not provided for under the Act and the Regulations. CCI refers to and relies on sections 43(a), 44 and 45 of the Competition Act to provide apposite context for its decision to issue notice only to the acquirer and not to the target company. 33. After perusing the findings recorded by the NCLAT, we are of the view that in cases such as the present, the CCI must issue notice to the acquirer and also the target, …
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… Moreover, the CCI contends that issuing notice to the corporate debtor in the resolution process is not provided for under the Act and the Regulations. CCI refers to and relies on sections 43(a), 44 and 45 of the Competition Act to provide apposite context for its decision to issue notice only to the acquirer and not to the target company. 33. After perusing the findings recorded by the NCLAT, we are of the view that in cases such as the present, the CCI must issue notice to the acquirer and also the target, …
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… Moreover, the CCI contends that issuing notice to the corporate debtor in the resolution process is not provided for under the Act and the Regulations. CCI refers to and relies on sections 43(a), 44 and 45 of the Competition Act to provide apposite context for its decision to issue notice only to the acquirer and not to the target company. 33. After perusing the findings recorded by the NCLAT, we are of the view that in cases such as the present, the CCI must issue notice to the acquirer and also the target, …
Made under this section, and citing it
2 instruments name this provision in its title or its text without being made under it.
Questions about Section 45
What have the courts held on Section 45 of the Competition Act?
Muthoot Finance Limited vs Competition Commission of India (11 Sep 2023) is the leading judgment on this section among those set out below: Requires the CCI, before recording even a prima facie finding of contravention of Section 45 for omitting material facts in information furnished under Section 19, to give the person concerned an opportunity of being heard; the availability of an NCLAT appeal under Section 53A did not bar writ relief.
How do I find court cases under Section 45 of the Competition 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: Competition Act 45, section 45 Competition Act, section 45 of the Competition Act. People searching for it also type what is act 45. 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 Muthoot Finance Limited vs Competition Commission of India (11 Sep 2023).
What should I read with Section 45 of the Competition Act, and has it changed?
Its own text turns on section 44 (Penalty for making false statement or omission to furnish material information), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. 2 instruments name it without being made under it, most recently GSR No. 1034 dated 11.03.2020 (2020), then CCI (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2016 (2016).
When did Section 45 of the Competition Act come into force?
Section 45 of the Competition Act, cited as Competition Act 45, came into force on 31 Mar 2003, having been enacted on 13 Jan 2003. It is in force as at the date shown on this page.
Other sections of this Act
- 66. Repeal and saving1683 words
- 2. Definitions1390 words
- 5. Combination1317 words
- 6. Regulation of combinations920 words
- 3. Anti-competitive agreements850 words
- 26. Procedure for inquiry under section 19788 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 18 Oct 2026. This page is not a substitute for legal advice.