Abstract

Vicarious liability, a critical concept in legal doctrine, pertains to the imposition of responsibility on one individual for the actions of another. Under the Indian Penal Code (IPC), this principle, though primarily associated with tort law, finds its relevance in specific statutory provisions and judicial interpretations. This abstract explores the nuanced application of vicarious liability within the IPC, focusing on its theoretical foundations, legislative framework, and significant judicial precedents. The IPC, while emphasising individual culpability, incorporates vicarious liability in contexts such as abetment, criminal conspiracy, and collective criminal acts. Section 149 IPC is a notable example, establishing liability for members of an unlawful assembly for offences committed in pursuit of their common objective. Similarly, Sections 34 and 120B IPC deal with acts performed by multiple persons with a common intention and criminal conspiracy, thereby assigning collective liability. Judicial interpretations have further shaped the contours of vicarious liability, particularly in relation to corporate entities and employer-employee relationships. The judiciary has examined the extent of accountability of directors or employers for the criminal acts of their subordinates, striving to balance individual responsibility with the need for effective deterrence. This abstract underscores the significance of vicarious liability within the IPC, highlighting its implications for corporate governance, employer-employee dynamics, and collective criminal behaviour. Through a critical analysis of statutory provisions and landmark judgments, this study sheds light on the evolving application of vicarious liability in the Indian criminal justice system.

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