Offences by companies
Section 39 of the Foreign Contribution (Regulation) Act, 2010 deals with offences by companies. Where an offence under this Act or any rule or order made thereunder has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed The Act came into force on 01 May 2011.
(1) Where an offence under this Act or any rule or order made thereunder has been committed by a company, every person who, at the time the offence was committed, was in charge of, and 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 such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had 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 or any rule or order made thereunder 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, society, trade union or other association of individuals; and
(b) "director", in relation to a firm, society, trade union or other association of individuals, means a partner in the firm or a member of the governing body of such society, trade union or other association of individuals.
Section 39, The Foreign Contribution (Regulation) Act, 2010 (Act 42 of 2010).
Questions about Section 39
What does Section 39 of the Foreign Contribution (Regulation) Act deal with?
Section 39 of the Foreign Contribution (Regulation) Act is headed "Offences by companies". Where an offence under this Act or any rule or order made thereunder has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed
How do I find court cases under Section 39 of the Foreign Contribution (Regulation) 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: Foreign Contribution (Regulation) Act 39, section 39 Foreign Contribution (Regulation) Act, section 39 of the Foreign Contribution (Regulation) Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 39 of the Foreign Contribution (Regulation) Act come into force?
Section 39 of the Foreign Contribution (Regulation) Act, cited as Foreign Contribution (Regulation) Act 39, came into force on 01 May 2011, having been enacted on 26 Sep 2010. It is in force as at the date shown on this page.
Other sections of this Act
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 19 Oct 2026. This page is not a substitute for legal advice.