Concept and Development of Corporate Criminal Liability in India
Monika Banode
Legal Assistant at Maharashtra Metro Rail Corporation
monika.banode@gmail.com
UNDER THE GUIDANCE OF
DR. MRS. H.V. MENON (Professor & Head)
Department of Law,
Centre for Higher Learning & Research Dr Ambedkar College, Dikshabhoomi.
Abstract
In India, the concept of criminal responsibility for corporations has gained increasing popularity as business plays a vital role in India's economy. This abstract gives an overview of how corporate criminal liability has evolved within Indian law. This paper examines the history of corporate responsibility in India by examining landmark legislative decisions, landmark judicial cases, and how legal doctrines have evolved to shape the concept. The paper explores challenges and debates around the imposition criminal liability for corporate entities. It takes into consideration the principles of vicarious responsibility, the identification doctrine and the growing trend to hold corporations responsible for white-collar crime. Criminal justice is facing a greater challenge in the 21st century due to crimes committed by corporations. Corporate bodies are used by vested interest groups to commit criminal acts in order to maximize profit. The corporate body has legal personality to regulate its functions, but does not possess a physical or mental body. This poses a problem for the imposition of criminal responsibility and for the holding of corporate bodies as criminals. Criminal activities of corporations have a negative impact on the environment, public health and safety, as well as infrastructure development. Corporations are implicated in economic crimes such as tax evasion, benami transactions, tax fraud, forged documents, currency violations, money-laundering, and money laundering. Modern criminal justice requires that criminal liability of corporations be enforced effectively and with the proper formulation. Business entities are corporate bodies; the economic well-being of society and prosperity of citizens and nation development depend on freedom to trade, a friendly business environment, and minimal regulation. In determining and imposing corporate criminal responsibility for the betterment of society it is important to strike a balance between taking stern action to combat corporate crimes, and not hindering legitimate corporate activities. This paper will analyse the law relating to criminal liability for corporate bodies in India.
