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VOL. 10, ISSUE 3 (2024)
A critical analysis of corporate criminal liability in India
Authors
Jiyauddin, Sunita Banerjee
Abstract
In India, where the corporate
sector has grown rapidly and there are a growing number of incidents of
corporate wrongdoing, corporate criminal liability has become a major issue of
concern. This study provides a thorough examination of corporate criminal
liability in India. Corporate crimes are becoming a more significant concern
for the criminal justice system in the twenty-first century. Certain vested
interests in charge of corporate affairs abuse the organisation to commit
crimes in order to increase profits. Although a corporate body has legal
personality to govern its operations, it lacks a physical body and a mind of
its own, which makes it difficult to declare a corporate entity criminal and
impose criminal culpability. Corporate crime has a negative impact on infrastructure
development, health, safety, and the environment. The dominance of national and
international businesses in economic transactions and their responsibility is
one of the most serious worldwide challenges due to the process of
globalisation and the increase of interconnectedness in economic, social, and
environmental activities by corporate organisations. Due to the corporate
vehicle's current widespread use in the industrial, economic, and social
spheres, it is imperative that corporations be subject to criminal law, just
like natural persons. The debate over corporate criminal culpability serves as
an example of how corporate responsibility is being interpreted in a more
functional and relative way. Criminal law is one area where the complexities of
corporate personality are particularly problematic.
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Pages:99-102
How to cite this article:
Jiyauddin, Sunita Banerjee "A critical analysis of corporate criminal liability in India". International Journal of Law, Vol 10, Issue 3, 2024, Pages 99-102
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