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CS Professional · Environmental, Social and Governance (ESG) - Principles and Practice · Empowerment of the Company Secretary Profession

Meera was earlier convicted under Section 25 for bestowing a misleading designation resembling Company Secretaryship. She is again convicted for the same offence. Which statement correctly states the maximum exposure on this subsequent conviction?

For a subsequent conviction under Section 25(2), the Act provides imprisonment up to one year, or a fine of at least Rs 2 lakh and up to Rs 10 lakh, or both. The lower six-month and Rs 1 lakh to Rs 5 lakh band applies only on first conviction.

  1. AImprisonment up to six months, or fine from Rs 1 lakh to Rs 5 lakh, or both
  2. BImprisonment up to one year, or fine from Rs 2 lakh to Rs 10 lakh, or bothCorrect
  3. COnly a fine up to Rs 1 lakh
  4. DImprisonment up to two years and fine of Rs 25 lakh

Explanation

Section 25(2) prescribes for any subsequent conviction imprisonment up to one year, or fine of not less than Rs 2 lakh and up to Rs 10 lakh, or both. The six-month and Rs 1-5 lakh band applies only to first conviction. The other options exceed or fall short of the statutory text.

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