39[Offences by Hindu undivided families.
278C. (1) Where an offence under this Act has been
committed by a Hindu undivided family, the karta thereof shall be deemed to be
guilty of the offence and shall be liable to be proceeded against and punished
accordingly:
Provided that nothing contained in this sub-section
shall render the karta liable to any punishment if he proves that the offence
was committed without his knowledge or that he had exercised all due diligence
to prevent the commission of such offence.
(2) Notwithstanding
anything contained in sub-section (1), where an offence under this Act, has
been committed by a Hindu undivided family and it is proved that the offence
has been committed with the consent or connivance of, or is attributable to any
neglect on the part of, any member of the Hindu undivided family, such member
shall also be deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.]