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Under the Bharatiya Nyaya Sanhita, 2023, consider the following statements: a. A company cannot be…

In Standard Chartered Bank v. Directorate of Enforcement, the Supreme Court held a company can be prosecuted and fined even for an offence carrying a mandatory prison term,…

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Under the Bharatiya Nyaya Sanhita, 2023, consider the following statements:
a. A company cannot be prosecuted for an offence prescribing mandatory punishment of imprisonment.
b. A thing which has been obtained by criminal misappropriation cannot be termed as stolen property.

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Answer and explanation

Correct answer D

In Standard Chartered Bank v. Directorate of Enforcement, the Supreme Court held a company can be prosecuted and fined even for an offence carrying a mandatory prison term, since imprisonment simply is not imposed on it, making the first statement incorrect; and under section 317(1) of the Bharatiya Nyaya Sanhita, 2023 (formerly section 410 IPC), property which has been criminally misappropriated is included within 'stolen property', making the second statement incorrect too.

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