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CS Professional · Compliance Management, Audit and Due Diligence · Relief and Remedies

In a criminal prosecution against Mr. Vikram Shah, an officer of Ganga Steels Ltd, for breach of duty, the court is satisfied he acted honestly and reasonably. He also faces civil liability for the same breach. What is the position on relief?

In a criminal proceeding, the court cannot grant relief from any civil liability that attaches to the officer for the same negligence, default, breach of duty, misfeasance or breach of trust. The civil liability must be dealt with separately.

  1. AThe criminal court may also relieve him from the related civil liability
  2. BThe criminal court has no power under that provision to grant relief from civil liability attaching to the breachCorrect
  3. CNo relief can be granted in any criminal proceeding
  4. DRelief from civil liability is automatic once the criminal court excuses him

Explanation

The proviso to section 463(1) says that in a criminal proceeding the court has no power to grant relief from any civil liability attaching to the officer for the negligence, default, breach of duty, misfeasance or breach of trust. Option 3 is wrong because relief in the criminal matter itself is not barred.

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