A Critical Study On Indian Law On Corporate Criminal Responsibility

Abstract

Crimes perpetrated by corporations in the twenty-first century are posing an increasingly complex problem for the criminal justice system. A few vested interests that dominate the affairs of corporate entities utilise the corporate body to commit criminal crimes to maximise profit. To regulate its functions, a corporation is given a legal personality. Still, because it lacks a physical body and a mind of its own, it is difficult to classify it as criminal and impose criminal culpability on it. Infrastructural development, public health, and the environment are all negatively impacted by corporate criminality. It is not uncommon for corporations to be involved in a wide range of criminal activities, including embezzlement and tax evasion as well as benami property transactions. Modern criminal justice necessitates clear definitions of criminal liability for corporations, as well as the ability to hold them accountable. To ensure the well-being of society, the well-being of citizens and economic growth of a nation are all tied to a business climate that is free of regulation for corporations. A careful balancing act must be struck here between taking strong action against corporate criminals and protecting the legitimate activities of corporations. This article will examine the law governing corporate criminal liability in India.