Abstract
This article explores the impact of decriminalisation of certain offences brought about by the Companies (Amendment) Act, 2020. A total of 48 amendments have been made to decriminalise certain offences under the Companies Act, 2013. Since the maximum numbers of amendments have been in Chapter IV titled, ‘Share Capital and Debenture’, the Chapter has been selected as a special reference for the comparative analysis between the Act and its 2020 Amendments. It is observed that decriminalisation under this Chapter encompasses all the four major forms of decriminalisation. While decriminalisation is a welcome move to boost business sentiment in the backdrop of the Covid-19 global financial crisis, it may have varied impacts on different stakeholder communities. Such a move may also provoke unscrupulous companies to commit fraud in future.
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