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Trending: Call for Papers Volume 4 | Issue 4: International Journal of Advanced Legal Research [ISSN: 2582-7340]

CORPORATE CRIMINAL LIABILITY: ITS PRESENCE IN INDIAN LAW – Daksh Kayastha

Abstract

A company can only act through human beings and a human being who commits an offence on account of or for the benefit of a company will be responsible for that offence himself. The importance of incorporation is that it makes the company itself liable in certain circumstances, as well as the human beings- Glanville Williams

The issue of corporate criminal liability therefore has emerged as a significant concern in India due to the rapid expansion of the corporate sector, leading to a rise in instances of corporate wrongdoing. This study provides an in-depth examination of corporate criminal liability in India and how it is incorporated in Indian scenario by analysing its legal framework, practical implications, and the obstacles to its effective enforcement. It delves into the historical background and development of corporate criminal liability in India, shedding light on key legislative advancements and pivotal judicial rulings that have influenced its current status. The paper explores the fundamental principles of corporate criminal liability In India. It scrutinizes the statutory regulations governing corporate criminal liability in India, with a specific emphasis on the Companies Act, 2013, and other pertinent legislations. The study also investigates the various types of corporate offenses that give rise to criminal liability, underscoring their repercussions on both the corporate realm and society at large.