NCJ Number
222939
Journal
International Journal of Criminal Jusitce Sciences Volume: 1 Issue: 2 Dated: July 2006 Pages: 1-17
Date Published
July 2006
Length
17 pages
Annotation
This paper details out the framework of corporate criminal liability and sentencing in India, tracing the source and final verdict of the courts with regard to the concept of corporate criminal liability and shedding light over the inability of the court to properly sentence the guilty corporate criminals due to inadequacy of the law.
Abstract
This analysis proves that the criminal law jurisprudence relating to imposition of criminal liability on corporations is settled on the point that the corporations can commit crimes and hence be made criminally liable. However, the statutes in India are not in pace with these developments and the analysis shows that they do not make corporations criminally liable and even if they do so, the statutes and judicial interpretations impose no other punishments except fines. It is therefore recommended that amendments should be carried out by the legislature as soon as possible so as to avoid judiciary from defining the law and make the statues fit for strict interpretation by providing for infliction of criminal liability on the corporations as also providing for various kinds of sanctions apart from only fines. This paper outlines the framework of corporate criminal liability and sentencing in India. It attempts to put forward innovative kinds of punishment and a model for the same.