Section 46 of The Chemical Weapons Convention Act, 2000 — Punishment for contravention in relation to failure to furnish information, declaration or return
Bare section text
Official Legislative Text
Any person who being required by or under this Act to furnish any--
- (a)information;
- (b)declaration; or
- (c)return, fails to furnish such information, declaration or return shall be punishable with fine which may extend to one lakh rupees, and in the case of continuing default, with a further fine which may extend to one lakh rupees for every day during which such default continues after conviction for the first such default, or with imprisonment for a term which may extend to three years, or with both.
Educational Study Layer
Summary
- This section punishes anyone who fails to provide required information, declarations, or returns.
- The initial punishment is a fine of up to one lakh rupees, a prison term of up to three years, or both.
- If the person continues to refuse to submit the documents after being convicted, they face a daily fine.
- The daily fine for a continuing default can be up to one lakh rupees for every single day the default continues.
- The daily fine is calculated after the person is convicted of the first default.
Practical examples
FAQ
1. What specific items must a person fail to provide to trigger this section?
This section applies if a person fails to provide any information, declaration, or return that they are required to furnish under the Act.
2. What is the maximum initial prison term under this section?
The prison term can extend up to three years.
3. How does the daily fine work if someone still fails to submit the documents?
After a conviction for the first default, if the person continues to fail to submit the documents, they can be fined up to one lakh rupees for every day the default continues.
4. Can a person be punished with both prison and a fine under this section?
Yes, the law allows the court to punish the offender with a fine, or with a prison term, or with both.
Practice Quiz
Q1.Under Section 46 of The Chemical Weapons Convention Act, 2000, what is the maximum prison sentence for failing to furnish a required declaration or return?
Q2.Under Section 46 of The Chemical Weapons Convention Act, 2000, what is the maximum initial fine for failing to provide required information?
Q3.Under Section 46 of The Chemical Weapons Convention Act, 2000, how is the penalty for a continuing default calculated?
Q4.Under Section 46 of The Chemical Weapons Convention Act, 2000, can a court impose both imprisonment and a fine for a first-time failure to submit a return?