Section 17 EPA 1986 deals with OFFENCES BY GOVERNMENT DEPARTMENTS. The…

Question

Section 17 EPA 1986 deals with OFFENCES BY GOVERNMENT DEPARTMENTS. The Head of the Department:

Accepted Answer

C. is deemed guilty (unless the Head proves offence was committed without his knowledge or he exercised due diligence) — extending Section 16 liability to government departments

1. Section 17(1) EPA 1986: 'Where an offence under this Act has been committed by any Department of Government, the Head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.'
2. Proviso: the Head of Department may escape liability by proving (i) the offence was committed without his knowledge OR (ii) he exercised due diligence to prevent the commission of such offence.
3. Section 17(2): subordinate officers (director, manager, etc.) by whose consent, connivance or neglect the offence was committed are ALSO LIABLE.
4. The provision is unusual in extending criminal liability to government departments.
5. Hence option B is correct.
_Source: EPA 1986 / Constitution of India / Stockholm/Rio/Paris / Indian SC environmental jurisprudence — Environment (Protection) Act 1986, Section 17_

Answer

is fully immune from criminal liability under EPA (cf. Environment (Protection) Act 1986, Section 17) (cf. Environment (Protection) Act 1986, Section 17)

Answer

shall be tried only in administrative tribunals, not regular courts (cf. Environment (Protection) Act 1986, Section 17) (cf. Environment (Protection) Act 1986, Section 17)

Answer

is liable only for civil damages, not criminal penalties (cf. Environment (Protection) Act 1986, Section 17) (cf. Environment (Protection) Act 1986, Section 17)