Abstract
The cases of Standard Chartered v. Directorate of Enforcement (2005), Iridium India v. Motorola Inc & Ors. (2011), and Sunil Bharti Mittal v. Central Bureau of Investigation represent a significant development in India’s corporate criminal liability jurisprudence. Standard Chartered reconciled mandatory imprisonment (as prescribed for punishing many offences under Indian law) with the impossibility of imprisoning corporations, Iridium explained whether corporations are capable of committing crimes which require intent (mens rea), and Sunil Bharti Mittal clarified whether the liability of a corporation for a criminal act can be attributed to its directors/promoters.
Additional Information
| Product Type | Case |
|---|---|
| Reference No. | BP0438 |
| Title | Corporate Criminal Liability in India |
| Pages | 10 |
| Published on | Dec 10, 2019 |
| Authors | Ram Mohan, M P; |
| Area | Strategy (STR) |
| Discipline | Ethics and Governance, Finance, International Business, Public Policy and Law, Strategic Management |
| Sector | Banking Finance Insurance (BFI), Government, Infrastructure, Public Sector, Transportation and Logistics |
| Learning Objective | Understand the situations when corporations are held [and not held] criminally liable attributing criminal intentions, leading to fine and imprisonment. Study the actions of the directors’ attributable to corporations / companies through the concept of alter ego. Learn when the corporations’ / companies actions are attributed to directors as per the theory of attribution. Map the position in United Kingdom and United States. |
| Keywords | Corporate Governance; Corporate Criminal Liability; Alter Ego; Theory of Attribution; Business Law; Negligence and Liability |
| Country | India |
| Access | For All |
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