Section24
The Securities and Exchange Board of India Act, 1992

Offences

In force From 30 Jan 1992 Act 15 of 1992 As on 16 Oct 2026

Act 15 of 1992 Ministry Finance Enacted 04 Apr 1992 In force 30 Jan 1992 Instruments 9

Section 24 of the Securities and Exchange Board of India Act, 1992 deals with offences. Without prejudice to any award of penalty by the adjudicating officer [or the Board] under this Act, if any person contravenes or attempts to contravene or abets the contravention of the provisions of this Act or of any rules or regulations made thereunder, he shall be punishable with imprisonment f The Act came into force on 30 Jan 1992.

1[24. Offences.--(1) Without prejudice to any award of penalty by the adjudicating officer 2[or the Board] under this Act, if any person contravenes or attempts to contravene or abets the contravention of the provisions of this Act or of any rules or regulations made thereunder, he shall be punishable with imprisonment for a term which may extend to 3 [ten years, or with fine, which may extend to twenty-five crore rupees or with both].

(2) If any person fails to pay the penalty imposed by the adjudicating officer 2[or the Board] or fails to comply with any 4*** directions or orders, he shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to 5 [ten years, or with fine, which may extend to twenty-five crore rupees or with both].

Section 24, The Securities and Exchange Board of India Act, 1992 (Act 15 of 1992).

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.

  1. Sunita Bhagat vs Sebi

    Supreme Court of India 15 Jul 2016 Binding (Supreme Court) Reportable (2016) 7 SCC 317

    Court's Decision & Legal Precedent

    Section 12(1B) of the SEBI Act creates two classes of persons: (i) those who commenced collective investment activities prior to 25.1.1995 ('proviso category') who may continue until obtaining registration under the regulations; and (ii) those who did not ('non-proviso category') who are absolutely barred from commencing such activities until obtaining registration. The bar for the non-proviso category is self-executing and operative from 25.1.1995 regardless of when regulations are framed. However, criminal prosecution for regulatory non-compliance (such as failure to apply for registration under Regulation 5) requires that the accused was a director/officer of the company at the time the specific breach occurred. A director who resigned before the deadline for compliance cannot be prosecuted for breaches arising on or after the resignation date. The complaint must clearly disclose whether the accused is charged as a non-proviso category violator (commencing activity without authority) or merely as an existing operator who failed to comply with procedural regulations. Absence of such clarity, combined with the accused having exited before the breach date, renders prosecution unsustainable.

    On this section: Penalty provision for violations of the Act. Contravention entails penal consequences making the provision mandatory, not directory.

    Read the full order on eCourts India

  2. Securities and Exchange Board of India vs S. K. Shelgikar

    Supreme Court of India 21 Aug 2017 Binding (Supreme Court)

    Court's Decision & Legal Precedent

    Where a special statute expressly or by necessary implication divests lower courts of jurisdiction and vests it in higher courts through amendment, such amendment operates retrospectively to all pending matters, including those where offences were committed before the amendment and proceedings initiated before the amendment, unless the amendment itself expressly provides otherwise. The change of forum in such cases is not merely procedural but is mandated by express statutory language, and no person has a vested right to be tried by a particular forum once proceedings have been initiated. The legislative intent for retrospective application can be inferred from express language divesting jurisdiction from lower courts and vesting it exclusively in higher courts, as evidenced by phrases such as 'No court inferior to that of a Court of Session shall try any offence' and 'all offences committed prior to or after the date of commencement shall be tried by Special Court.'

    On this section: Examined the enhancement of punishment from one year to ten years imprisonment and fine up to twenty-five crore rupees, which necessitated change of forum from Magistrate courts to higher courts

    Read the full order on eCourts India

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.

Made under this section, and citing it

2 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.

Another 7 instruments name this provision in its title or its text without being made under it.

All subordinate legislation

Questions about Section 24

What have the courts held on Section 24 of the Securities and Exchange Board of India Act?

Sunita Bhagat vs Sebi (15 Jul 2016) is the leading judgment on this section among those set out below: Penalty provision for violations of the Act. Contravention entails penal consequences making the provision mandatory, not directory. Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2016 to 2017.

How do I find court cases under Section 24 of the Securities and Exchange Board of India 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: Sebi Act 24, section 24 Sebi Act, section 24 of the Securities and Exchange Board of India Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Sunita Bhagat vs Sebi (15 Jul 2016).

What should I read with Section 24 of the Securities and Exchange Board of India Act, and has it changed?

The rules and notifications made under it are where it actually bites, and there are 2: most recently Depositories (Procedure for Holding Inquiry and Imposing Penalties by Adjudicating Officer) Rules, 2005 (2005), then Depositories (Appeal to Central Government) Rules, 1998 (1998).

When did Section 24 of the Securities and Exchange Board of India Act come into force?

Section 24 of the Securities and Exchange Board of India Act, cited as Sebi Act 24, came into force on 30 Jan 1992, having been enacted on 04 Apr 1992. 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 16 Oct 2026. This page is not a substitute for legal advice.