• CORPORATE CRIMINAL LIABILITY IN INDIA-A THEORETICAL ANALYSIS

    Author(s):
    Ramasayi Gummadi Tamil Nadu National Law University
    Editor(s):
    Nyaay Shastra (see profile)
    Date:
    2020
    Subject(s):
    Law
    Item Type:
    Article
    Permanent URL:
    http://dx.doi.org/10.17613/dw2m-ww73
    Abstract:
    A corporate is an entity that is established with the help of registration and legislation. Apart from the shareholders in such a company, even the company that so is under consideration has separate rights and liabilities. There are some corporations that have their establishments in other countries other than that of their home country and they are known as Multi-National Corporations. They indeed play a vital role in a layman’s life from time to time and have evolved as a powerhouse in comparison to various nations as such. Therefore it is imperative that there is some control or rather a cap on the activities that so are performed by these corporations. This is exactly why the Doctrine of Corporate Criminal Liability came into consideration and as per this doctrine, a corporate is liable and can be penalized for any unlawful act of its agents provided that the unlawful act that so is performed is under the scope of the agent’s work in that corporation. The authority that so Is presumed by the agents which takes into consideration the authority by an average reasonable person refers to the apparent authority, while on the other hand, the authority that the corporation assigns to the agents refers to the actual authority. Taking into consideration that the corporations have their own entity it is imperative to note that they can very well be held liable. Adding the criminal liability to the term corporate gives it a conclusion that the Corporate Criminal Liability is a doctrine under which a corporate can be held liable for its acts or omissions for such an act or omission that is performed by it, i.e, the agents.
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    Published as:
    Journal article     Show details
    Publisher:
    Nyaayshastra
    Pub. Date:
    04-05-2020
    Journal:
    NyaayShastra Law Review
    Volume:
    2
    Issue:
    1
    Page Range:
    https://www.nyaayshastra.com/ -
    ISSN:
    2582-8479
    Status:
    Published
    Last Updated:
    2 years ago
    License:
    All Rights Reserved
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