Arnav Ashtikar, B.A. LL.B., Symbiosis Law School, Nagpur
ABSTRACT
The corporations we know today were not always the same. As society continued to grow, it became necessary for companies to fulfil the wide variety of roles they do in modern society. It was popularly thought that enterprises were exempt from criminal prosecution in the early 16th and 17th centuries. The reality and driving force behind the globalised world is large- scale companies. A corporation is a distinct legal entity that is regarded as a legal person, however it is unclear from the law whether or not a business without a soul or body may be held accountable for a criminal conduct. Individuals working behind this veil frequently commit crimes by unfairly taking advantage of the corporate veil imposed by legislative laws. In light of this, the legal systems all over the globe have established the criteria and regulations for corporate criminal culpability. The question of whether or not a business without a soul or body might be held accountable for a criminal conduct has long been a contentious issue in the law. The ideas of imposing culpability have been created in numerous countries by assigning actus reus and mens rea to the companies, accepting the connivance of corporations in crime. The criminal justice system in place today is insufficient to handle these circumstances. It is necessary to identify corporate crime and establish legal penalties. This article examines the development of the idea of corporate criminal liability throughout history, as well as its origins and history in India. The goal of this research paper is to examine corporate criminal responsibility. In the conclusion, the study makes recommendations for how Corporate Criminal Liability laws and their implementation might be strengthened in order to hold businesses more accountable and, ultimately, protect the general public.
Keywords: Corporates, Corporate Criminal Liability, Actus Reas, Means Rea, Alter Ego.
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