Section 10B Power of court to publish name, place of business, etc., of companies convicted under the Act 4

(1) Where any company is convicted under this Act, it shall be competent for the court convicting the company to cause the name and place of business of the company, nature of the contravention, the fact that the company has been so convicted and such other particulars as the court may consider to be appropriate in the circumstances of the case, to be published at the expense of the company in such newspapers or in such other manner as the court may direct.

(2) No publication under sub-section (1) shall be made until the period for preferring an appeal against the orders of the court has expired without any appeal having been preferred, or such an appeal, having been preferred, has been disposed of.

(3) The expenses of any publication under sub-section (1) shall be recoverable from the company as if it were a fine imposed by the court.

Explanation.-For the purposes of this section, "company" has the meaning assigned to it in
clause (a) of the Explanation of section 10.]

Section 10C Presumption of culpable mental state

(1) In any prosecution for any offence under this Act which requires a culpable mental state on the part of the accused, the court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution.

Explanation.-In this section, "culpable mental state" includes intention, motive, knowledge of a fact and the belief in, or reason to believe, a fact.

(2) For the purposes of this section, a fact is said to be proved only when the court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability.

Section 11 Cognizance of offences

No Court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by a person who is a public servant as defined in section 21 of the Indian Penal Code (45 of I860) 5 [or any person aggrieved or any recognised consumer association, whether such person is a member of that association or not].

6 [Explanation.-For the purposes of this section and section 12AA, "recognised consumer association" means a voluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or any other law for the time being in force.]

------------

1. Ins. by Act 36 of 1967, s. 9 (w.e.f. 30-12-1967)

2. Subs. by Act 30 of 1974, s. 7, for "the Code of Criminal Procedure, 1898 (5 of 1898)" (w.e.f. 22-6-1974)

3. The words "and bailable" omitted by s. 7, ibid. (w.e.f. 22-6-1974)

4. Ins. by s. 8, ibid. (w.e.f. 22-6-1974)

5. Ins. by Act 73 of 1986, s. 2 (w.e.f. 1-5-1987)

6. Added by s. 2, ibid. (w.e.f. 1-5-1987)