Section 34 and 35

difference between section 35and 34
Replies (2)
Quick Summary
This discussion clarifies the distinction between Section 34 and Section 35 concerning liability for prospectus misstatements. Section 34 addresses criminal liability, leading to penalties under Section 447, which can include imprisonment and fines. Section 35, however, focuses on civil liability, requiring compensation for losses incurred due to misstatements. Both criminal and civil liabilities can arise from omissions or commissions in a prospectus, with specific defences available for each.

Sec 34 states criminal liability, guilty under this section shall be liable u/s 447. Punishment include both imprisonment and fine.

Whereas Sec 35 talks about civil liability, guilty under this section will have to only compensate the loss suffered due to misstatement in prospectus.
When their is any mis-statement in the prospectus by comission or omission leads to liability
that be a civil and criminal
Every person who authorises themselves in prospectus it will lead to an criminal liabilty and they will punishable u/s 447 as fraud and that criminal liability would be defenced in twi circumstances they are if the mistatement is
1)immaterial
2) their shall be some reasonable ground to belive such misstatement

And a part from the criminal liability civil liability is for company directors, members , promotores, and for experts. they have to pay a compensation to investors but it may be defenced in 3 situations
1) if any directors withdrew his consent before such prospectus filed eith the registers.
2) when such prosoectus is issued without his knowledge and he had given a public notice .
3) believed on consent

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 01 September 2026
Articles

Saini Pati Shah & Co LLP, Chartered Accountants

Mumbai

CA Foundation

View Details
Company
08 September 2026
Audit Executive

Thammana & Associates

Srikakulam

B.Com

View Details
Company
Featured 21 September 2026
Consultant - Reporting

Finrep Advisors LLP

Mumbai

CA

View Details
Company
ARTICLESHIP 16 September 2026
CA Article Trainee

SR BAGAI & Co.

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 01 September 2026
Article Assistant

SGNG & Associates

New Delhi

CA Inter

View Details
Company
09 September 2026
Semi Qualified CA / CA Inter - 2 Groups Cleared

Getmyca Consultant Pvt Ltd

New Delhi

CA Inter

View Details
Company
26 September 2026
Chartared Accountant

pushpganga ventures

Pune

CA

View Details
Company
30 September 2026
Senior Accountant

Codeboard Technology

Chennai

B.Com

View Details