Offences by companies
Section 33 of the Insecticides Act, 1968 deals with offences by companies. 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 shal The Act came into force on 01 Mar 1971.
(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 or 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 purpose 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
Section 33, The Insecticides Act, 1968 (Act 46 of 1968).
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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Dr. R. Venkatachalam v. State
Court's Decision & Legal Precedent
Final Order order-1.pdf 2013-05-09 DATE VERIFIED. Insecticides Act s.33 offences by companies and related sampling/retest (s.24) issues: vicarious liability of directors/persons in charge requires the statutory ‘in charge of and responsible’ ingredients; direct CIL analysis that frustrates retest may also undermine prosecution fairness.
On this section: s.33 offences by companies — vicarious liability needs in-charge/responsible ingredients; frustrated retest undermines prosecution.
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.
Questions about Section 33
What have the courts held on Section 33 of the Insecticides Act?
Dr. R. Venkatachalam v. State (09 May 2013) is the leading judgment on this section among those set out below: s.33 offences by companies — vicarious liability needs in-charge/responsible ingredients; frustrated retest undermines prosecution.
How do I find court cases under Section 33 of the Insecticides 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: Insecticides Act 1968 33, section 33 Insecticides Act 1968, section 33 of the Insecticides Act. 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 Dr. R. Venkatachalam v. State (09 May 2013).
When did Section 33 of the Insecticides Act come into force?
Section 33 of the Insecticides Act, cited as Insecticides Act 1968 33, came into force on 01 Mar 1971, having been enacted on 02 Sep 1968. It is in force as at the date shown on this page.
Other sections of this Act
- 36. Power of Central Government to make rules798 words
- 3. Definitions710 words
- 9. Registration of insecticides697 words
- 4. The Central Insecticides Board591 words
- 22. Procedure to be followed by Insecticide Inspectors555 words
- 29. Offences and punishment437 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.