A Critical Study on Corporate Criminal Liability with Special Reference to United States of America, United Kingdom and Indian Laws
Under Criminal laws in India the most important element which is essential to penalise the crime is, “Actus Reus non facit reum nisi mens sit rea”. Under section 11 of the Indian Penal Code which defines “Person”, it includes the artificial person like Corporate as well. Not only the Penal Laws, but after the advent of the new Companies Act, 2013, it has been given the due significance and strict liability has also been imposed on the corporate houses, though it is still debatable. There are various other legislations in India other than Companies Act which governs the Corporate criminal Liability like, Transplantation of Human Organs Act 1994, Food and Safety Standards Act, 2006, Narcotic Drugs Psychotropic Substance Act, 1985, Code of Criminal Procedure, 1975 etc. Not only in India but there are certain other countries like US and UK, which also contains the criminal provisions and held their corporate liable for the criminal acts. There are certain provisions in these countries which are similar to India but there is still a scope of improvement to make better laws in India.This paper will focus on various criminal liabilities in the developing country like India and also in the countries like US and UK and how effective their laws are. It will also deal with the fact that how in India we can amend the existing criminal provisions dealing with the corporate, so that the government can bring the better results for the country and that will save the economy from various scams and frauds which are tarnishing the prestige and precious resources of our country. The author will also try to suggest the more effectual ways to deal with this issue
Year of publication: |
2020
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Authors: | jain, Khyati |
Publisher: |
[2020]: [S.l.] : SSRN |
Subject: | Indien | India | USA | United States | Großbritannien | United Kingdom | Haftung | Liability | Gesellschaftsrecht | Corporate law |
Saved in:
freely available
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