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CS Professional · Compliance Management, Audit and Due Diligence · Legal Framework Governing Company Secretaries

Vikram Rao, a member without a certificate of practice, was convicted ten months ago under section 24 for practising. He is again found practising as a Company Secretary and convicted a second time after 10 May 2022. Which punishment range applies to the second conviction?

For a second conviction under section 24, the punishment is imprisonment up to six months, or fine up to five lakh rupees, or both. The one-lakh fine applies only to a first conviction; the one-year range is under section 25.

  1. AFine up to one lakh rupees only
  2. BImprisonment up to six months or fine up to five lakh rupees, or bothCorrect
  3. CImprisonment up to one year or fine of two to ten lakh rupees, or both
  4. DFine of at least one lakh rupees up to five lakh rupees only

Explanation

Section 24 provides fine up to one lakh rupees on first conviction. On any subsequent conviction it provides imprisonment up to six months, or fine up to five lakh rupees, or both. The one year and two to ten lakh range belongs to section 25 subsequent convictions.

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