Archive · 8 Sep 2026
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.
- Why
- To clarify when corporations can be prosecuted for offences involving imprisonment, mens rea, or personal malicious intent.
- 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