CS Professional · Drafting, Pleadings and Appearances · Pleadings

Arvind Kulkarni, against whom compensatory costs were ordered under Section 35A for a false defence, argues that the order frees him from criminal liability for that defence and that the amount cannot be considered in a later damages suit. Which statement is correct under Section 35A?

The order does not exempt him from criminal liability, and the compensation must be taken into account in any later suit for damages. Section 35A(3) preserves criminal liability, while Section 35A(4) requires the amount awarded to be considered in a subsequent damages or compensation suit.

1. ABoth contentions are correct
2. BThe order exempts him from criminal liability, but the amount is ignored in later suits
3. CThe order does not exempt him from criminal liability, and the amount must be taken into account in a later suit for damages or compensationCorrect
4. DNeither the criminal liability nor later suit is affected in any manner