Societies Registration Act, 1860 | Section 11

Section 11 - Members Guilty of Offences Punishable as Strangers

Section 11 of the Societies Registration Act, 1860 provides that membership of a registered society does not protect a person from criminal prosecution for offences committed against the society's funds, documents or property. A member may be prosecuted and, on conviction, punished in the same way as a person who is not a member.

Section 11 - Statutory provision

Any member of the society who shall steal, purloin or embezzle any money or other property, or wilfully and maliciously destroy or injure any property of such society, or shall forge any deed, bond, security for money, receipt, or other instrument, whereby the funds of the society may be exposed to loss, shall be subject to the same prosecution, and, if convicted, shall be liable to be punished in like manner, as any person not a member would be subject and liable to in respect of the like offence.

Source: India Code - Societies Registration Act, 1860 (official text, PDF).

Meaning and scope of Section 11

The expression "punishable as strangers" means that the offender's position as a member does not confer immunity or a reduced standard of criminal responsibility. Section 11 expressly covers theft or dishonest taking of money or property, embezzlement, intentional and malicious damage to society property, and forgery of specified instruments that may expose society funds to loss.

Embezzlement ordinarily refers to dishonest misappropriation of property entrusted to a person. Forgery concerns the making of a false document or electronic record with the requisite unlawful intent under the applicable penal law. Wilful and malicious damage involves intentional wrongdoing rather than mere accidental loss or an ordinary administrative disagreement. The prosecution must establish the elements of the relevant criminal offence; Section 11 does not make every accounting irregularity a crime.

When the provision applies

These are illustrations, not findings of guilt. Liability depends on evidence, applicable offence definitions, and the result of lawful criminal proceedings. The provision does not itself prescribe a separate fixed punishment; prosecution and punishment follow the relevant penal law.

Section 10 concerns civil recovery from members, including subscriptions and damage to society property. Section 11 separately addresses criminal accountability. Section 15 defines "member" for purposes of the Act, subject to its terms and applicable modifications.

For offences governed by the law in force from 1 July 2024, the Bharatiya Nyaya Sanhita, 2023 and the Bharatiya Nagarik Suraksha Sanhita, 2023 generally supply the relevant criminal offences and procedure. For earlier conduct and pending matters, repeal-and-savings provisions and the applicable law at the relevant time must be considered. State amendments to the Societies Registration Act, 1860, or separate State societies legislation, may affect its local application.

Frequently asked questions

Can a society member be prosecuted for stealing society funds?

Yes. Section 11 expressly removes any special protection based on membership; the alleged offence must still be proved under the applicable criminal law.

Does Section 11 itself fix a prison term or fine?

No. Punishment follows the substantive criminal offence established in court.

Can civil and criminal remedies both be relevant?

Yes. Depending on the facts, civil recovery under Section 10 and criminal proceedings under Section 11 may address different legal consequences.

This article explains the central provision. Check applicable State amendments, local legislation and the current official text before relying on it in a particular jurisdiction.