Business Case Studies & Business Publications

Corporate Criminal Liability in India

Ram Mohan, M.P

Case

Corporate Criminal Liability in India

Ram Mohan, M.P

IIMA-BP0438 | Published December 10, 2019 | 11 pages Case

Collection: Indian Institute of Management, Ahmedabad

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Learning Objectives

The cases of Standard Chartered v. Directorate of Enforcement (2005), Iridium India v. Motorola Inc & Ors. (2011), and Sunil Bharti Mittal v. Central Bureau of Investigation represent a significant development in India's corporate criminal liability jurisprudence. Standard Chartered reconciled mandatory imprisonment (as prescribed for punishing many offences under Indian law) with the impossibility of imprisoning corporations, Iridium explained whether corporations are capable of committing crimes which require intent (mens rea), and Sunil Bharti Mittal clarified whether the liability of a corporation for a criminal act can be attributed to its directors/promoters.

Understand the situations when corporations are held [and not held] criminally liable attributing criminal intentions, leading to fine and imprisonment. Study the actions of the directors' attributable to corporations / companies through the concept of alter ego. Learn when the corporations' / companies actions are attributed to directors as per the theory of attribution. Map the position in United Kingdom and United States.