Companies Act Section 229 — Penalty for furnishing false statement, mutilation, destruction of documents

CHAPTER XIV INSPECTION, INQUIRY AND INVESTIGATION

Commercial / Corporate

Summary

This section applies to a person who is required to give an explanation or make a statement during an inspection, inquiry, or investigation, or to an officer or other employee of a company or other body corporate that is also under investigation.

Under clause (a), if that person destroys, mutilates, falsifies, conceals, tampers with, or unauthorisedly removes documents relating to the property, assets, or affairs of the company or body corporate, or is a party to such acts, it is an offence.

Under clause (b), if that person makes a false entry in any document concerning the company or body corporate, or is a party to making such a false entry, it is an offence.

Under clause (c), if that person provides an explanation that is false, or that they know to be false, it is an offence. For any of these acts, the person is punishable for fraud in the manner provided in section 447.

Official Text

Where a person who is required to provide an explanation or make a statement during the course of inspection, inquiry or investigation, or an officer or other employee of a company or other body corporate which is also under investigation,—

(a) destroys, mutilates or falsifies, or conceals or tampers or unauthorised removes, or is a party to the destruction, mutilation or falsification or concealment or tampering or unauthorised removal of, documents relating to the property, assets or affairs of the company or the body corporate;

(b) makes, or is a party to the making of, a false entry in any document concerning the company or body corporate; or

(c) provides an explanation which is false or which he knows to be false, he shall be punishable for fraud in the manner as provided in section 447.