Evolution of Corporate Criminal Liability in India

  • Gaurav Mitra and Lavanya Pathak
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  • Gaurav Mitra

    Advocate at Bar Council of Delhi, India

  • Lavanya Pathak

    Advocate at Bar Council of Delhi, India

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Abstract

This paper delves into the evolution of corporate criminal liability within the Indian legal framework, elucidating its legal foundation and the theories underpinning it. The exploration encompasses the conceptualization of corporate criminal liability, including Vicarious Liability, the Identification Doctrine (Doctrine of Attribution), and the Organizational Model. Through an in-depth analysis, the paper navigates through landmark judgments that have shaped the evolution of corporate criminal liability in India. These judgments serve as pivotal milestones, elucidating the judiciary's interpretation and application of corporate culpability in various contexts. Furthermore, the paper scrutinizes the evolution of corporate criminal liabilities in light of the recommendations put forth by the 47th Law Commission Report. By examining the proposed requirements and standards outlined in the report, the paper provides insight into the potential future landscape of corporate criminal liability in India. In conclusion, this paper consolidates the multifaceted aspects of corporate criminal liability, offering a comprehensive understanding of its legal framework, theoretical underpinnings, historical progression, and prospective developments in the Indian legal landscape.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 6, Issue 6, Page 3694 - 3704

DOI: https://doij.org/10.10000/IJLMH.117498

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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