Section 62 Indian Stamp Act
Section 62 of the Indian Stamp Act 1899 is about Penalty for executing, etc., instrument not duly stamped. It is under CHAPTER VII (Criminal Offences And Procedure) of the Act.
Penalty for executing, etc., instrument not duly stamped.
(1) Any person–
(a) drawing, making, issuing, endorsing or transferring, or signing otherwise than as a witness, or presenting for acceptance or payment, or accepting, paying or receiving payment of, or in any manner negotiating, any bill of exchange 1[payable otherwise than on demand] 2*** or promissory note without the same being duly stamped; or
(b) executing or signing otherwise than as a witness any other instrument chargeable with duty without the same being duly stamped; or
(c) voting or attempting to vote under any proxy not duly stamped;
shall for every such offence be punishable with fine which may extend to five hundred rupees:
Provided that, when any penalty has been paid in respect of any instrument under section 35, section 40 or section 61, the amount of such penalty shall be allowed in reduction of the fine, (if any) subsequently imposed under this section in respect of the same instrument upon the person who paid such penalty.
(2) If a share-warrant is issued without being duly stamped, the company issuing the same, and also every person who, at the time when it is issued, is the managing director or secretary or other principal officer of the company, shall be punishable with fine which may extend to five hundred rupees.
STATE AMENDMENTS
Arunachal Pradesh.–
Amendment of sections 62.–In the Indian Stamp act, 1899 (2 of 1899) in its application to the state of Arunachal Pradesh.
(1) (i) in section 62, in clause (c), for the words “five hundred rupees”, the words “two thousand rupees” shall be substituted.
(ii) in section 62, in sub-section (2), for the words “five hundred rupees”, the words “five thousand rupees” shall be substituted.
[Vide Arunachal Pradesh Act 3 of 2010, s. 2]
Uttarakhand.–
Amendment of section 62.–In sub-section (1) of section 62 of the Principal Act for the words, “shall for every such offence, be punishable with fine which may extend to five hundred rupees”, shall be substituted as follows, namely:–
“shall for every such offence, be punishable with fine which may extend to five thousand rupees”.
[Vide Uttarakhand Act 1 of 2016, s. 10]
