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Under Section 34 Companies Act 2013, criminal liability for mis-statement in prospectus attracts punishment for:

Afraud as defined in Section 447, with imprisonment for 6 months to 10 years
BSection 188 violations relating to related-party transactions of the company at the time
CSection 138 of the Negotiable Instruments Act, 1881 with imprisonment up to 2 years
Dcivil damages alone with no possibility of criminal sanctions of any kind
Answer & Solution
Correct answer: A. fraud as defined in Section 447, with imprisonment for 6 months to 10 years
1. Section 34 Companies Act 2013: 'Where a prospectus, issued, circulated or distributed under this Chapter, includes any statement which is untrue or misleading in form or context in which it is included or where any inclusion or omission of any matter is likely to mislead, every person who authorises the issue of such prospectus shall be liable under section 447.' 2. Section 447 defines and penalises FRAUD: imprisonment 6 months to 10 years (minimum 3 years if amount involved ≥ Rs 10 lakh or 1% of turnover) AND fine up to three times the amount involved. 3. Section 35 provides for additional CIVIL liability (compensation to subscribers misled). 4. Hence option A is correct. _Source: Companies Act 2013 (Act 18 of 2013), Govt. of India MCA — Companies Act 2013, Section 34 read with Section 447_
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