Corporate Power to Corporate Crimes: Understanding Corporate Criminal Liability in India

Abstract

‘Corporate Power to Corporate Crimes: Understanding Corporate Criminal Liability in India’ is about the hypothesis being tested positive that “the corporations are increasing in magnitude and power; however, the law is not able to meet the demands of prosecuting the corporate offenders in absence of a clear picture on corporate criminal liability.” Thus, the cloud surrounding this area has to be removed to make the sky of corporate crime clean and evident to the public like rainwater. The sensitization of public towards these crimes has to be done in a similar way as those of ‘street crimes’ like murder, rape etc. The problem of corporate crime is unique and complex due to several reasons, the primary one being the nature of corporate form. The corporate form has now become the dominant institution in the society. The corporations wield enormous powers by virtue of its independent existence. The part owners, as public shareholders, are scattered and ultimately the management lies in the hands of few who have been identified as ‘alter ego’, ‘directing mind and will’ at various times by various courts. The extension of the vicarious liability to offences of mens rea led to the development of corporate criminal liability. The present book traces these developments and presents a comprehensive position in terms of case laws and examples of corporate crimes.