Amendment status not verified — confirm the current text below against the official source.
A stotement mode ond signed by o p€rson on oppeoronce in response to ony summons issued under section 70 during the course of ony inquiry or proceedings under this Aa sholl be relevont,lorthe purpose of proving, in ony prosecution for on offence under this Ad, the truth of the focts which it contoins,- (o) when the person who mode the stotement is deod or connot be found, or is incopoble of giving Cognizonce d offences. Presumption of culpoble mentolstote. Relevoncy d stotements under cerbin circum- stonces. (b) r37.0) (2) 289 evidence, or is kept out oI the woy by the odverse porty, or whose presence connot be obtoined without on omount of deloy or expense which, under the circumstonces of the cose, tre court considers unreosonoble ;or when the person who mode the stotement is exomined os o witness in the cose before the court ond the court is of the opinion *rot hoving regord to the circumstonces of the cose, the stotement should be odmitted in evidence in tre interest of justice. Where on offence committed by o person under this Act is o compony, every person who, ot the time the offence wos committed wos in chorge of, ond wos responsible to, the compony for tle conduct of business of tre compony, os well os the compony, sholl be deemed to be guilty of the offence ond sholl be lioble to be proceeded ogoinst ond punished occordingly. Notwithstonding o nyth ing contoined in sub-section (l ), where on offence under this Act hos been committed by o compony ond it is proved thot the offence hos been committd with the consent or connivonce of, or is ottributoble to ony negligence on the port of, ony diredor, monoger, secretory or other officer of the compony, such director, monoger, secretory or other officer sholl olso be deemed to be guilty of thot offence ond sholl be lioble to be proceeded ogoinst ond punished occordingly. Offences by Componies. 290 (3) Where on offence underthisAct hos been committed by o toxoble person being o portnership firm or o Limited Liobility Portnership or o Hindu Undivided Fomily oro trust, the portner or korto or monoging trustee sho ll be deemed to be guilty oI thot offence ond sholl be lioble to be proceeded ogoinst ond punished occordingly ond the provisions of sub-section (2) sholl mutotis mutondis opply to such persons. (4) Norhing contoined in tris seaion sholl render ony such person lioble to ony punishment provided in this Act, if he proves thot the offence wos committed without his knowledge or thot he hod exercised oll due diligence to prevent the commission of such offence. Explomtiq-For te purposes ol this section,- (i) "compony" meons o body corporole ond includes o firm or other ossociotion of individuols; ond (ii) ldireclof, in relotion to o firm, meons o portner in the firm.