An Analysis of Corporate Criminal Liability w...

An Analysis of Corporate Criminal Liability with Special Reference to Corporate Manslaughter Laws in India and the United Kingdom

Author Name : Supriya Sengupta, Dr. Sivananda Kumar K

ABSTRACT The crucial component in the legal system related to corporate entities is ‘corporate criminal liability’, which reflects the need to hold companies responsible for their illegal activities. This study compares and contrasts the legal framework surrounding corporate criminal liability in two jurisdictions, namely India and the United Kingdom, by examining various important legal cases, legal statutes and the guiding principles. The study intricately explores the challenges in navigating India’s intricate legal framework, taking into account and scrutinising the roles played by different authorities in the investigation and prosecution of corporate criminal offenses.There is currently no robust legislation in India to prosecute the corporate entities for offenses specifically related to corporate manslaughter. in India, the corporate crimes leading to fatalities often occur due to the production of adulterated goods by the companies, resulting in the deaths of consumers and the workers as well as deaths caused by environmental disasters attributed to the organisations and the unsafe working conditions due to gross negligence at workplace. On the other hand, the United Kingdom boasts their robust legal structure, notably with the introduction of the Corporate Manslaughter and Corporate Homicide Act of 2007, with the primary purpose of the Act was to address the deficiencies in criminal law. This examination traces the development of the United Kingdom’s stance on corporate criminal liability by highlighting the important legal statutes and significant court decisions that have influenced it’s legal terrain. The analysis takes into account the ramifications of legal disparities, cultural variations and political factors concerning the efficiency of international governance in supporting international investigation. In conclusion, this comparative analysis delivers extensive exploration of corporate criminal liability in both India and the United Kingdom, presenting an understanding of the legal structure, obstacles and mechanisms for international collaboration that influences the quest for justice in the context of corporate sectors.