Author: Tehreem Shyza Khan, Student at Amity University, Lucknow
Co-Author: Abhay Singh, Student at Amity University, Lucknow
INTRODUCTION
A firm can only act through people, and every person who breaches the law on behalf of or in furtherance of a business is accountable for their conduct on a personal basis. Glanville Williams asserts that the importance of incorporation is that it makes the business and its owners legally responsible for certain actions.
The definition of person has been provided in accordance with Section 11 of the Indian Criminal Code of 1860. Every corporation, organization, or group of people, whether or not they are incorporated, is included under the definition of “person” it says. According to Section 2 of the Code, “Everyone shall be susceptible to penalty under this Law.” Because of this, everyone is liable for fines under Section 2 of the Code, including businesses without any exceptions. Hence, reading these two laws can deduce the idea of corporate criminal liability, however it is not the only piece of legislation that does so; other examples include the Companies Act of 2013, The Income Tax Act, etc.
As corporations have developed into significant economic and social forces in our society, there is a possibility that these businesses will harm society as a whole, so they should also be discouraged. Several criminal law doctrines Although deterrence is the theory that applies to corporations and other economic entities, jurisprudence may be used to explain why punishment should be given to criminals of any kind. It is feasible to hold corporations accountable since they have their own identity, separate legal personality, and are different from their members. and punish the offenders.
Criminal Liability is a quality or condition that having a criminal offense as a means of enforcing one’s legal responsibility for one’s actions against another person or society. Corporate criminal culpability refers to the extent to which a company, as a legal entity, may be held criminally liable for both its own activities and those of the natural persons it employs. The goal of this essay is to look at the many nuances regarding corporate criminal liability and, in the end, to make a number of suggestions that should be shared with in-laws.
