Offences under the EPA, 1986 | Liability of Companies and Government Departments

The Environment (Protection) Act (EPA), 1986 is designed to be a deterrent with stringent penal provisions. Unlike earlier environmental laws that had relatively weak penalties, the EPA provides the Central Government with "teeth" to ensure compliance through significant fines and imprisonment.

1. Offences under the EPA, 1986

The Act does not provide an exhaustive list of specific crimes but rather creates a broad category of offences based on non-compliance with the Act’s framework.

• Failure to comply with Orders/Directions: Disobeying directions issued under Section 5 (such as an order to close an industry or stop electricity/water supply).

• Violation of Emission/Effluent Standards: Discharging environmental pollutants in excess of the standards prescribed under the Rules.

• Handling Hazardous Substances without Safeguards: Violating the procedures and safeguards laid down for handling hazardous materials under Section 8.

• Obstruction of Officers: Preventing an authorized officer from exercising their powers of entry, inspection, or sampling under Section 10 or 11.

• Failure to Furnish Information: Not providing required data or environmental statements to the Pollution Control Boards.

Penalties (Section 15)

• Initial Penalty: Imprisonment for a term which may extend to five years or with a fine which may extend to one lakh rupees, or both.

• Continuing Offence: An additional fine of up to five thousand rupees for every day the failure continues after the first conviction.

• Extended Failure: If the failure continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to seven years.

2. Liability of Companies (Section 16)

The EPA pierces the "corporate veil" to ensure that the individuals behind a company's decisions are held accountable.

• Principle of Deemed Guilt: If an offence is committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business, as well as the company itself, shall be deemed to be guilty.

• Vicarious Liability: Directors, Managers, Secretaries, or other officers are also liable if it is proved that the offence was committed with their consent, connivance, or neglect.

• Defense: A person can escape liability if they prove that the offence was committed without their knowledge or that they exercised all due diligence to prevent the commission of such an offence.

3. Liability of Government Departments (Section 17)

The EPA is unique in that it explicitly holds the State accountable, ensuring that Government departments cannot claim immunity.

• Head of Department (HoD) Liability: Where an offence has been committed by any Department of Government, the Head of the Department shall be deemed to be guilty of the offence.

• Personal Liability of Officers: If it is proved that the offence is attributable to any neglect or was committed with the consent of any officer other than the HoD, such officer shall also be liable to be proceeded against.

• Defense: Similar to corporate liability, the HoD is not liable if they can prove the offence was committed without their knowledge or that they exercised all due diligence to prevent it.

4. Cognizance of Offences (Section 19)

The Act restricts who can file a complaint in court. A court can only take cognizance of an offence under this Act if the complaint is made by:

1. The Central Government or any authority/officer authorized by it.

2. A Citizen: Any person who has given notice of not less than sixty days to the Central Government of the alleged offence and their intention to make a complaint.