Section 23 in The Securities and Exchange Board of India Act, 1992
Title: Protection of action taken in good faith
No suit, prosecution or other legal proceedings shall lie against the Central Government 1[or Board] or any officer of the Central Government or any member, officer or other employee of the Board for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder.
1. Ins. by Act 9 of 1995, s. 12 (w.e.f. 25-1-1995).
1[24. Offences.--(1) Without prejudice to any award of penalty by the adjudicating officer 2[or the Board] under this Act, if any person contravenes or attempts to contravene or abets the contravention of the provisions of this Act or of any rules or regulations made thereunder, he shall be punishable with imprisonment for a term which may extend to 3[ten years, or with fine, which may extend to twenty-five crore rupees or with both].
(2) If any person fails to pay the penalty imposed by the adjudicating officer 2[or the Board] or fails to comply with any 4*** directions or orders, he shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to 5[ten years, or with fine, which may extend to twenty-five crore rupees or with both].
1. Subs. by s. 13,ibid., for section 24 (w.e.f. 25-1-1995).
2. Ins. by Act 13 of 2018, s. 187 (w.e.f. 8-3-2019).
3. Subs. by Act 59 of 2002, s. 28, for "one year, or with fine, or with both" (w.e.f. 29-10-2002).
4. The words "of his" omitted by s. 187,ibid. (w.e.f. 8-3-2019).
5. Subs. by s. 28, ibid., for certain words (w.e.f. 29-10-2002).
Title: Composition of certain offences
1[24A. Composition of certain offences.--Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any offence punishable under this Act, not being an offence punishable with imprisonment only, or with imprisonment and also with fine, may either before or after the institution of any proceeding, be compounded by a Securities Appellate Tribunal or a court before which such proceedings are pending.]
1. Ins. by s. 29, ibid. (w.e.f. 29-10-2002).
Title: Power to grant immunity
1[24B. Power to grant immunity.-- (1) The Central Government may, on recommendation by the Board, if the Central Government is satisfied, that any person, who is alleged to have violated any of the provisions of this Act or the rules or the regulations made thereunder, has made a full and true disclosure in respect of the alleged violation, grant to such person, subject to such conditions as it may think fit to impose, immunity from prosecution for any offence under this Act, or the rules or the regulations made thereunder or also from the imposition of any penalty under this Act with respect to the alleged violation:
Provided that no such immunity shall be granted by the Central Government in cases where the proceedings for the prosecution for any such offence have been instituted before the date of receipt of application for grant of such immunity:
Provided further that recommendation of the Board under this sub-section shall not be binding upon the Central Government.
(2) An immunity granted to a person under sub-section (1) may, at any time, be withdrawn by the Central Government, if it is satisfied that such person had, in the course of the proceedings, not complied with the condition on which the immunity was granted or had given false evidence, and thereupon such person may be tried for the offence with respect to which the immunity was granted or for any other offence of which he appears to have been guilty in connection with the contravention and shall also become liable to the imposition of any penalty under this Act to which such person would have been liable, had not such immunity been granted.]
1. Ins. by s. 29, ibid. (w.e.f. 29-10-2002)
Title: Exemption from tax on wealth and income
Notwithstanding anything contained in the Wealth-tax Act, 1957 (27 of 1957), the Income-tax Act, 1961 (43 of 1961) or any other enactment for the time being in force relating to tax on wealth, income, profits or gains
(a) the Board;
(b) the existing Securities and Exchange Board from the date of its constitution to the date of establishment of the Board,
shall not be liable to pay wealth-tax, income-tax or any other tax in respect of their wealth, income, profits or gains derived.