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CS Professional · Environmental, Social and Governance (ESG) - Principles and Practice · Business Ethics, Code of Conduct and Anti-Bribery

Orion Pharma Ltd is held liable under Section 9 after its sales head bribed a drug controller. The court finds that the company secretary, Ms. Iyer, consented to the bribe, while the finance director had no knowledge. What follows under the Act?

Only Ms. Iyer is guilty. Section 10 imposes liability on a director, manager, secretary or other officer only where the offence is proved to be committed with that person's consent or connivance, punishable with imprisonment of three to seven years and fine. The unaware finance director is not liable by office alone.

  1. AOnly Ms. Iyer, as the officer who consented, is guilty, with imprisonment of not less than three years extending to seven years, and fineCorrect
  2. BBoth Ms. Iyer and the finance director are guilty by virtue of office
  3. CMs. Iyer faces imprisonment up to seven years with no minimum
  4. DNo individual is liable because Section 9 provides only for fine

Explanation

Section 10 makes a director, manager, secretary or other officer guilty where the section 9 offence is proved to be with that person's consent or connivance. Punishment is imprisonment of not less than three years up to seven years, plus fine. The finance director lacked consent or connivance, so is not liable under it. Option three wrongly omits the minimum.

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