Home > Essential Commodities Act 1955 > Sections 10B, 10C and 11

Sections 10B, 10C and 11 of the Essential Commodities Act, 1955

These provisions deal with publication of particulars after conviction of a company, the statutory presumption concerning a culpable mental state, and the persons or bodies whose written report can support cognizance of an offence under the Essential Commodities Act, 1955.

At a glance: Section 10B permits the convicting court to order publication of specified particulars of a convicted company, subject to the appeal safeguard. Section 10C creates a presumption of culpable mental state where such a mental element is required, while allowing the accused to prove its absence. Section 11 regulates cognizance by requiring a written report from a specified person or recognised consumer association.

Section 10B - Power of court to publish particulars of companies convicted under the Act

Meaning and scope: Section 10B gives the court that convicts a company under the Act a discretionary power to publish the company's name, place of business, nature of the contravention, fact of conviction and other appropriate particulars. The cost is borne by the company.

Statutory text

(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.

Key legal points

  • The power arises after a company has been convicted under the Act.
  • Publication is not immediate: the appeal period must expire without an appeal, or any appeal filed must first be disposed of.
  • Publication expenses are recoverable from the company in the same manner as a fine.
  • For this section, "company" takes its meaning from Section 10 and includes a body corporate, firm or other association of individuals.

Section 10C - Presumption of culpable mental state

Meaning and scope: Where an offence under the Act requires a culpable mental state, Section 10C directs the court to presume that mental state. The provision also expressly gives the accused a defence by allowing the accused to prove that the required mental state did not exist in relation to the act charged.

Definition of "culpable mental state": For Section 10C, the expression includes intention, motive, knowledge of a fact, and belief in, or reason to believe, a fact.

Statutory text

(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.

Key legal points

  • The presumption operates only where the offence being prosecuted requires a culpable mental state.
  • The accused may rebut the statutory presumption by proving absence of that mental state in relation to the charged act.
  • Sub-section (2) expressly states the standard applicable to the fact sought to be proved for the purposes of this section.

Section 11 - Cognizance of offences

Meaning and scope: Section 11 specifies the threshold for a court to take cognizance of an offence punishable under the Act. The facts constituting the offence must be set out in a written report made by a person falling within one of the categories stated in the section.

Statutory text

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 1860) or any person aggrieved or any recognised consumer association, whether such person is a member of that association or not.

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.

Current-law reading note: The official consolidated text of the Essential Commodities Act continues to reproduce the express statutory reference in Section 11 to Section 21 of the Indian Penal Code, 1860. The Indian Penal Code was repealed with effect from 1 July 2024 by the Bharatiya Nyaya Sanhita, 2023, subject to the repeal-and-savings framework. The quoted text above therefore preserves the wording of Section 11 rather than silently rewriting the enactment.

Who may make the written report?

  • A public servant of the category referred to in Section 11.
  • A person aggrieved.
  • A recognised consumer association, whether or not the aggrieved person is a member of that association.

Legislative history relevant to these sections

Section 10B: inserted by Act 30 of 1974, section 8, with effect from 22 June 1974.

Section 11: the words extending the provision to an aggrieved person or recognised consumer association were inserted by Act 73 of 1986, section 2, with effect from 1 May 1987. The Explanation defining "recognised consumer association" was added by the same amendment.

Official source

For the authoritative consolidated Central Act, refer to the official India Code version of the Essential Commodities Act, 1955. The statutory wording on this page should be read with subsequent amendments, applicable State amendments and binding judicial decisions relevant to the facts of a particular case.

India Code - Essential Commodities Act, 1955