Section 335: Carrying on business fraudulently
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
335. Carrying on business fraudulently
(1) Any person who knowingly is a party to a company carrying on business with intent to defraud creditors of the company or any other person
shall commit an offence and shall, on conviction, be liable to a fine not
exceeding 1,000,000 rupees and to imprisonment for a term not exceeding
5 years.
(2) Any director of a company who—
(a) by false pretences or other fraud induces a person to give credit
to the company; or
(b) with intent to defraud creditors of the company—
(i) gives, transfers, or causes a charge to be given on, property of the company to any person;
(ii) causes property to be given or transferred to any person;
or
(iii) caused or was a party to an execution being levied against
any property of the company,
shall commit an offence and shall, on conviction, be liable to a fine not exceeding 1,000,000 rupees and to imprisonment for a term not exceeding
5 years.
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Questions this section answers
- What's the penalty for running a company with intent to defraud its creditors?
- Can a director be prosecuted for tricking someone into giving the company credit?