1 hr ago
Supreme Court Says Companies Can Face Criminal Trials Alone
India’s Supreme Court explained when a company can be put on criminal trial.
The court said a company can be prosecuted even if the law includes mandatory imprisonment.
This can also happen when prosecutors must show a guilty state of mind.
A company may not be prosecuted for an offence punishable only by imprisonment.
It may also be impossible to prosecute a company for an offence requiring a person’s own malicious intent.
The court said such intent may not be something a corporation can have.
The ruling sets out the court’s understanding of corporate criminal responsibility under Indian law.
The article does not identify a specific company or individual accused.
The Supreme Court said a corporation can be prosecuted even when an offence carries mandatory imprisonment.
The ruling also applies to offences requiring proof of mens rea, or a guilty mental state.
A corporation may not be prosecuted when an offence is punishable only with imprisonment.
Corporate prosecution may also be barred when an offence requires personal malicious intent that a company cannot possess.
The court described its position as clear under Indian law.
- Who
- The Supreme Court and corporations under Indian law.
- What
- The court ruled that a corporation can face prosecution even when no individual is named as an accused, subject to exceptions.
- Where
- India, under Indian law.
- When
- Why
- To clarify when corporations can be prosecuted for offences involving imprisonment, mens rea, or personal malicious intent.
Key facts
- Court
- The Supreme Court
- Legal issue
- Whether a corporation can be prosecuted without an individual being named as an accused
- General ruling
- Corporations can be prosecuted even for offences carrying mandatory imprisonment or requiring proof of mens rea
- First exception
- An offence punishable with imprisonment alone
- Second exception
- An offence requiring personal malicious intent that cannot be committed by a corporation
- Jurisdiction
- Indian law
Quotes
The Supreme Court
India’s top court explaining the scope of corporate criminal prosecution
“The position under Indian law is, thus, clear that a corporation can be prosecuted for an offence notwithstanding that it carries a mandatory sentence of imprisonment, or requires proof of mens rea.”
timesnownews.com
Sources
Related news
Bombay HC Says Insolvency Cannot Halt Company Cheque Trials
Delhi court sets aside summon order in cheque bounce case
Delhi Court Sentences Naftogaz India MD Over TDS Default
Supreme Court: Firing employees for hiding criminal records not automatic
Supreme Court Sets Limits for Abetment of Suicide Claims
CBI Backs Bhopal Court Jurisdiction in Dow Chemical Case
‘Untainted’ Teachers March in Salt Lake to Reclaim Jobs
Supreme Court Suspends Hopeson Ningshen’s Life Sentence, Grants Bail
Supreme Court Allows Bengal Sealed Report in Salboni Land Case
Supreme Court to Fix Marital Rape Hearing Date Wednesday