Sections 57, 58 and 59 of the Disaster Management Act, 2005
Sections 57 to 59 form part of the offence and prosecution framework of the Disaster Management Act, 2005. They deal respectively with breach of a requisitioning order, criminal responsibility where an offence is committed by a company or body corporate, and the requirement of previous governmental sanction for specified prosecutions.
Updated: 24 September 2026. The text below reflects the Disaster Management Act, 2005 as amended, including the Disaster Management (Amendment) Act, 2025.
Section 57 - Penalty for contravention of an order regarding requisitioning
If a person contravenes an order made under Section 65, Section 57 provides punishment with imprisonment for a term that may extend to one year, or fine, or both.
Meaning and scope
Section 57 is linked directly to Section 65. Section 65 empowers the specified disaster-management authorities to requisition resources, premises and vehicles when they are needed for prompt response, rescue operations, transport of resources, relief, rehabilitation or reconstruction connected with a disaster. A person who disobeys a valid requisitioning order may therefore attract Section 57.
The provision creates a criminal penalty for contravention. The maximum term of imprisonment is one year; the court may instead impose a fine, or impose both imprisonment and fine, subject to the facts and applicable criminal procedure.
Section 58 - Offence by companies
Section 58 addresses responsibility when an offence under the Disaster Management Act is committed by a company or body corporate. It is a provision for corporate as well as responsible-person liability.
Section 58(1): persons in charge and responsible for business
Where a company or body corporate commits an offence, the company and every person who, at the relevant time, was in charge of and responsible to the company for the conduct of its business are deemed guilty and may be proceeded against and punished according to law.
The proviso supplies an important defence. A person is not liable to punishment under Section 58(1) if that person proves that the offence was committed without his or her knowledge, or that due diligence was exercised to prevent its commission.
Section 58(2): consent, connivance or neglect
Separately, where the offence is proved to have been committed with the consent or connivance of, or to be attributable to neglect by, a director, manager, secretary or other officer, that individual is also deemed guilty and may be proceeded against and punished.
Definitions under Section 58
- Company: any body corporate, including a firm or other association of individuals.
- Director: in relation to a firm, a partner in the firm.
Section 59 - Previous sanction for prosecution
No prosecution for offences punishable under Section 55 and Section 56(1) may be instituted without the previous sanction of the Central Government or the State Government, as applicable, or an officer authorised for that purpose by a general or special order of the appropriate Government.
Effect of the 2025 amendment
The Disaster Management (Amendment) Act, 2025 substituted the words referring to "sections 55 and 56" with a reference to "sections 55 and sub-section (1) of section 56". The amendment came into force on 9 April 2025. Accordingly, the current Section 59 sanction requirement should be stated with the amended reference to Section 56(1).
Why previous sanction matters
Previous sanction is a statutory precondition to institution of the prosecutions specifically covered by Section 59. The sanction must come from the appropriate Central or State Government, or from an officer duly authorised by that Government through a general or special order. Section 59 should also be read with Section 60, which separately regulates cognizance of offences under the Act.
Related provisions
For context, readers may also refer to Sections 54 to 56, Section 60 on cognizance, and Section 65 on requisitioning powers.
Official legal resources
For the authoritative and updated statutory text, see the India Code consolidated Disaster Management Act, 2005 and the Ministry of Home Affairs Disaster Management Division laws, policies and plans page.