( ISSN 2277 - 9809 (online) ISSN 2348 - 9359 (Print) ) New DOI : 10.32804/IRJMSH

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CORPORATE OFFICER’S CRIMINAL LIABILITY

    1 Author(s):  JYOTI BENIWAL

Vol -  6, Issue- 7 ,         Page(s) : 173 - 177  (2015 ) DOI : https://doi.org/10.32804/IRJMSH

Abstract

Corporate criminal liability is a broad and developing field with courts and commentators continuing to grapple with both philosophical and practical issues, as evident from this very case. There are two distinct aspects in the field, which unfortunately often tend to be conflated. First, it is necessary to consider the principles of attribution, whereby the actus reus and/or mens rea of a corporate officer is attributed to that of the company. In other words, the action or state of mind of a corporate officer is treated as if it is that of the company so as to make the company liable in criminal law.

1. http://www.legalserviceindia.com/articles/cor_dr.htm
2. PrateekAndharia, “Corporate Criminal Liability: Finding Settled Shores?-A Comment On Iridium India Telecomv. Motorola Inc”, available athttp://www.commonlii.org/
3. Corporate Prosecutions, The Crown Prosecution Service, available athttp://www.cps.gov.uk/
4. All Indian cases taken from http://www.indiankanoon.org/
5. Dharm Veer Singh, “Corporate Criminal Liability: A Jurisprudential and Comparative Approach”, available at http://www.legalserviceindia.com

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