Volume 1 Issue 2

Volume 1 Issue 2

Corporate Crimial Liability- A Legislative Deadlock for the Swindlers

By Aravind Prakash,
Student , School of Legal Studies, Cochin University of Science and Technology

Abstract

The extension of the corporate sphere through globalization and innovative improvement has prompted the advancement of the doctrine of Corporate Criminal Responsibility. Once in the past, there were no criminal liabilities over organizations, however, today the world has gone to a circumstance where corporates are expected to take responsibility for their wrongdoings. Being an artificial person, a corporation gets its life through its directors, agents and employees. Its objects are stated in its charter documents but are performed through human interference acting for or on behalf of the corporation. The Criminal liability of the Corporation is settled based on the degree to which it tends to be considered liable for the wrongs of its representatives, employees or agents.

The institution of the doctrine is with the guidance of several milestone judicial decisions has been discoursed by Courts that apply the doctrine of Corporate Criminal Liability. The advancement of this doctrine from when there was no criminal responsibility to the present time, is expressly explained in this paper. The study is descriptive in nature. In the course of conducting this research, the author has relied mainly on secondary sources such as Books, Case Analysis, Statutes, International Treaties, Articles and Journals. (Methodology added) The paper is structured in a theoretical perspective whereby it discusses the jurisprudential position of the United Kingdom, United States and India. Also, the paper discourses the Legislative landscape in India regarding the doctrine of Corporate Criminal Liability and provision of fraud under the Companies Act 2013 reflecting the same.

Recommended Citations :

OSCOLA

Aravind Prakash, ‘Corporate Crimial Liability- A Legislative Deadlock for the Swindlers’, [2021] 2 IJBLS

https://intbusinesslaw.com/corporate-crimial-liability-a-legislative-deadlock-for-the-swindlers/

Bluebook 19th Ed.

Aravind Prakash, Corporate Crimial Liability- A Legislative Deadlock for the Swindlers, 1 IJBLS 2, 134-154 (2021)