Person in charge of commercial organisation to be guilty of offence
Section 10 of the Prevention of Corruption Act, 1988 deals with person in charge of commercial organisation to be guilty of offence. Where an offence under section 9 is committed by a commercial organisation, and such offence is proved in the court to have been committed with the consent or connivance of any director, manager, secretary or other officer shall be of the commercial organisation, such director, manager, secretary or The Act came into force on 09 Sep 1988.
1[10. Person in charge of commercial organisation to be guilty of offence.--Where an offence under section 9 is committed by a commercial organisation, and such offence is proved in the court to have been committed with the consent or connivance of any director, manager, secretary or other officer shall be of the commercial organisation, such director, manager, secretary or other officer shall be guilty of the offence and shall be liable to be proceeded against and shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine.
Explanation.--For the purposes of this section, ''director'', in relation to a firm means a partner in the firm.]
Section 10, The Prevention of Corruption Act, 1988 (Act 49 of 1988).
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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State Th. Cbi vs Parmeshwaran Subramani
Court's Decision & Legal Precedent
Section 12 of the Prevention of Corruption Act, 1988, which provides for punishment of abetment of offences under Sections 7 or 11, is not listed in Section 19 of the Act. By virtue of this express omission, the legislature's intention is that previous sanction as required under Section 19 is not necessary for taking cognizance of an offence punishable under Section 12. Courts cannot, through interpretation, read Section 12 into the ambit of Section 19, as this would amount to rewriting the statute. When statutory language is clear and unambiguous, the courts must apply literal interpretation and cannot add words or supply omissions except in cases of clear necessity found within the four corners of the statute itself.
On this section: One of the offences explicitly listed in Section 19 requiring sanction
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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… Dheeraj Kumar and Ors., whereby the Ld. Trial Court has been pleased to order framing of charge against inter alia the Petitioner under Section 120B IPC read with Sections 7A, 8, 9, 10 & 12 of the Prevention of Corruption Act, 1988 and separately under Sections 8, 10 and 12 of the Prevention of Corruption Act, 1988. - 2. The present petition has been filed with the following prayer: "a) Issue an appropriate writ/order/direction calling for the records of the case in CBI Case No.25/2019 titled State vs. Dheeraj Kumar and Ors. pending before the Court of Shri Balwant Rai …
Questions about Section 10
What have the courts held on Section 10 of the Prevention of Corruption Act?
State Th. Cbi vs Parmeshwaran Subramani (11 Sep 2009) is the leading judgment on this section among those set out below: One of the offences explicitly listed in Section 19 requiring sanction.
How do I find court cases under Section 10 of the Prevention of Corruption 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: PC Act 10, section 10 PC Act, section 10 of the Prevention of Corruption 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 State Th. Cbi vs Parmeshwaran Subramani (11 Sep 2009).
What should I read with Section 10 of the Prevention of Corruption Act, and has it changed?
Its own text turns on section 9 (Offence relating to bribing a public servant by a commercial organisation), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it.
When did Section 10 of the Prevention of Corruption Act come into force?
Section 10 of the Prevention of Corruption Act, cited as PC Act 10, came into force on 09 Sep 1988, having been enacted on 09 Sep 1988. It is in force as at the date shown on this page.
Other sections of this Act
- 17A. Enquiry or Inquiry or investigation of offences relatable to recommendations made or decision taken by public servant in discharge of official functions or duties1666 words
- 19. Previous sanction necessary for prosecution869 words
- 2. Definitions716 words
- 9. Offence relating to bribing a public servant by a commercial organisation532 words
- 6. Power to try summarily374 words
- 5. Procedure and powers of special Judge368 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 14 Oct 2026. This page is not a substitute for legal advice.