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Sep 30, 2021

SC holds that Consent of SEBI is Not Mandatory for Offence to be Compounded

In the case of Prakash Gupta v. SEBI[1], the Supreme Court held that under Section 24A of the Securities and Exchange Board of India Act, 1992 (‘SEBI Act’), prior consent of SEBI is not a pre-requisite for compounding an offence. However, Securities Appellate Tribunal and Courts should give due consideration to SEBI’s views while adjudicating compounding applications and laid down guidelines for adjudicating of compounding applications.

 

[1] 2021 SCC Online SC 485.

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These are the views and opinions of the author(s) and do not necessarily reflect the views of the Firm. This article is intended for general information only and does not constitute legal or other advice and you acknowledge that there is no relationship (implied, legal or fiduciary) between you and the author/AZB. AZB does not claim that the article's content or information is accurate, correct or complete, and disclaims all liability for any loss or damage caused through error or omission.

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