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Human Rights and Criminal Justice System in India


Affiliations
1 Department of Law, Kurukshetra University Kurukshetra, Haryana, India
     

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A corporation is a separate legal entity and considered a legal person. However, a corporation can be made criminally liable for unlawful acts done by its agents when they are acting within the scope of authority. The criminal act should be committed in furtherance of the benefit of the corporation as well as the benefit of the agent. This doctrine of corporate criminal liability is increasingly gaining importance all over the world and is a recognized principle in India.

Keywords

Human Rights, Criminal Justice System, Constitution of India.
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  • All Indian cases taken from http://www.indiankanoon.org.
  • Clifford Chance, "Corporate Liability In Europe''
  • David Brody and James Acker, "Criminal Law", 2nded. Jones & Bartlett Publishers.
  • Dharm Veer Singh, "Corporate Criminal Liability: A Jurisprudential and Comparative Approach", available at http://www.legalserviceindia.com/articles/cor_dr.htm.
  • K I Vibhute, "P S A Pillai's Criminal Law", 11th LexisNexis Butterworths Wadhwa Publishers
  • KD Gaur, "Criminal Law: Cases and Materials", 6th LexisNexis Butterworths Wadhwa Publishers.
  • Prateek Andharia, "Corporate Criminal Liability: Finding Settled Shores?-A Comment On Iridium India Telecomv. Motorola Inc", available at http://www.commonlii.org/in/journals/NALSARStuLawRw/2011/5.pdf
  • Umakanth Varottil, "Corporate Criminal Liability: The Iridium/Motorola Case". available at http://indiacorplaw.blogspot.in/2010/ll/corporate-criminal-liability.html

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  • Human Rights and Criminal Justice System in India

Abstract Views: 278  |  PDF Views: 0

Authors

Nishant Kumar Jilova
Department of Law, Kurukshetra University Kurukshetra, Haryana, India

Abstract


A corporation is a separate legal entity and considered a legal person. However, a corporation can be made criminally liable for unlawful acts done by its agents when they are acting within the scope of authority. The criminal act should be committed in furtherance of the benefit of the corporation as well as the benefit of the agent. This doctrine of corporate criminal liability is increasingly gaining importance all over the world and is a recognized principle in India.

Keywords


Human Rights, Criminal Justice System, Constitution of India.

References