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Comparative Analysis Of Corporate Criminal Liability




S. Sownthara Barani, BA. LL. B (Hons), Alliance School Of Law. , Alliance University

ABSTRACT

Criminal liability will imposed on the person on the basis of presence of the actus rea and Mens rea and those liability will imposed on the living person. When it comes to the corporate the liability will not be imposed on corporate. As corporate was one of the source of countries economy and sometimes the crime can be done by the corporate for its benefit which is unlawful and for those unlawful actions the corporation cannot liable for the offence as there was the exception which corporate cannot be liable for the corporate crimes and those liability were upon the person who were present during commission of the crime with the intention to do the crime. Sometimes it cannot be possible to prove the guilty of the person so the liability cannot be imposed on the corporation and with the issue of this there are various actions are taken yet it was incomplete on the corporate criminal liability. So, the requirement of Modern criminal justice is imposing of proper formulation of criminal justice actions and enforcement of effective corporate liabilities. This paper will analyze about the imposition of corporate criminal liability on various countries and imposition of corporate liability in India.

Keywords: Corporate Criminal Liability, Criminal justice, Unlawful, Liable, Crimes.


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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