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CS Professional · Compliance Management, Audit and Due Diligence · Values, Ethics and Professional Conduct

Rohan, a member of ICSI, is convicted by a competent court outside India of an offence involving moral turpitude punishable with imprisonment. He has received no pardon and no Central Government order removing the disability. Can he be entered or borne on the Register of members?

No. Under Section 8(e), a conviction by a competent court, whether within or outside India, for an offence involving moral turpitude and punishable with imprisonment disqualifies the person from the Register of members unless pardoned or the Central Government removes the disability by written order.

  1. AYes, because the conviction was by a court outside India
  2. BYes, because disabilities apply only to convictions within India
  3. CNo, the disability applies to convictions whether within or outside India unless pardon or Central Government order removes itCorrect
  4. DNo, but only if the court also declared him insolvent

Explanation

Section 8(e) disqualifies a person convicted by a competent court, whether within or outside India, of an offence involving moral turpitude punishable with imprisonment, unless pardoned or the Central Government has removed the disability by written order. Option A ignores the express words covering courts outside India.

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